Ontario Lawyers' Assistance Program

Board of Directors February 2007

CHAIR: Roderick M. McLeod, Q.C.
Miller Thomson LLP
Suite 600
60 Columbia Way
MARKHAM ON L3R 0C9
Office Tel: 905-415-6707
Office Fax: 905-415-6777
E-mail: rmcleod@millerthomson.com
 
TREASURER: Caron Wishart
Lawyers' Professional Indemnity Company
2200 - 1 Dundas Street West P.O. Box 75
Toronto, Ontario M5G 1Z3
Office Tel: 416-598-5939
E-Mail: caron.wishart@lawpro.ca 

SECRETARY: John Starzynski
26 Shoemaker Cres.
Guelph ON N1K 1J6
 
LSUC BENCHER REP: Janet E. Minor
General Counsel, Constitutional Law Branch
Ministry of the Attorney General
Constitutional Law Branch
720 Bay Street, 4th Floor
Toronto, ON M5G 2K1
Tel: 416-326-4842
Fax: 416-326-4015
janet.minor@jus.gov.on.ca
 
LAWPRO REP: Michelle Strom
President & CEO
Lawyers' Professional Indemnity Company (LAWPRO)
One Dundas Street West
Suite 2200, P.O. Box 75
Toronto, Ontario M5G 1Z3
Office Tel: 416-598-5802
Office Fax: 416-598-5807
E-mail: michelle.strom@lawpro.ca 

LSUC REP: Malcolm Heins
Chief Executive Officer
Law Society of Upper Canada
130 Queen Street West
Toronto, ON M5H 2N6
Office Tel: 416-947-3309
Office Fax: 416-947-3302
E-mail: mheins@lsuc.on.ca 

ADVOCATES’ SOCIETY REP:
Connie Reeve
Blake, Cassels & Graydon LLP
199 Bay Street,
Suite 2800 Commerce Court. West
Toronto, ON M5L 1A9
Office Tel: 416-863-2778
Connie.reeve@blakes.com 

JUDICIAL COUNSELLING PROGRAM REP:
Justice Paul Reinhardt
Ontario Court of Justice
311 Jarvis Street
Toronto, ON M5B 2C4
416-327-6857
Paul.Reinhardt@jus.gov.on.ca 

CRIMINAL LAWYERS ASSOC. REP:
David O’Connor
75 Lowther Avenue
Toronto, Ontario M5R 1C9
Office Tel: (416) 960-1951
Cellular: (416) 505-5667
Fax (416) 961-9905
Practice restricted to criminal law. Sole practitioner.
david.oconner2@sympatico.ca 

COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION REP: Willson McTavish
1248 Minaki Road
Mississauga, ON L5G 2X4
Home Phone: 905 274 9412
Email: mctavishbw@sympatico.ca 

WOMEN’S LAW ASSOCIATION OF ONTARIO REP:
Susan McCallum
Barrister and Solicitor
Suite 420, 90 Eglinton Avenue East
Toronto, Ontario M4P 2Y3
Tel: 416.783.5483
Fax: 416.783.8401
simccallum200650@aol.com 

OBA REP: William Covello, retired partner
256 Hinton Ave, Thunder Bay, ON P7A 7E4
Home Tel: 807-768-1164
Fax: 807-767-1781
Email: covellob@shaw.ca
 
MEMBER AT LARGE:
Ruth Cameron
155 Wellesley Street East, Suite 1606
Toronto, ON M4Y 1J4
Bus Phone: 416-590-7261
Fax: 416-368-0351
Email: camruth@ca.inter.net

MEMBER AT LARGE:
John R. Campbell, Q.C.
5 Douglas Crescent
Toronto, ON M4W 2E6
Office Tel: 416-924-9066
Office Fax: 416-961-0510
Email: hkljrc@pathcom.com

Relationship to the Society and Other Lawyers

6.01 Responsibility to the Society and Other Lawyers         
Rule 6
Duty to Report Misconduct

• A lawyer shall report to the Society, unless to do so would be unlawful or would involve a breach of solicitor-client privilege,

(a)        the misappropriation or misapplication of trust monies,

(b)        the abandonment of a law practice,

(c)        participation in serious criminal activity related to a lawyer's practice

(d)        the mental instability of a lawyer of such a serious nature that the lawyer's clients are likely to be severely prejudiced, and

(e)        any other situation where a lawyer's clients are likely to be severely prejudiced.

Commentary

Unless a lawyer who departs from proper professional conduct is checked at an early stage, loss or damage to clients or others may ensue. Evidence of minor breaches may, on investigation, disclose a more serious situation or may indicate the commencement of a course of conduct that may lead to serious breaches in the future.  It is, therefore, proper (unless it is privileged or otherwise unlawful) for a lawyer to report to the Society any instance involving a breach of these rules.  If a lawyer is in any doubt whether a report should be made, the lawyer should consider seeking the advice of the Society directly or indirectly (ie. Through another lawyer).

Nothing in this paragraph is meant to interfere with the traditional solicitor-client relationship.  In all cases, the report must be made bona fide without malice or ulterior motive.

________________________________________________________________________

Often, instances of improper conduct arise from the emotional, mental, or family disturbances or substance abuse.  Lawyers who suffer from such problems should be encouraged to seek assistance as early as possible. The Society supports the Ontario Lawyers' Assistance Program (OLAP), LINK, and other support groups in their commitment to the provision of confidential counselling.  Therefore, lawyers acting in the capacity of counsellors for OLAP and other support groups will not be called by the Society or by any investigation committee to testify at any conduct, capacity, or competence hearing without the consent of the lawyer from whom the information was received.  Notwithstanding the above, a lawyer counselling another lawyer has an ethical obligation to report to the Society upon learning that the lawyer being assisted is engaging in or may in the future engage in serious misconduct or criminal activity related to the lawyer's practice.  The Society cannot countenance such conduct regardless of a lawyer's attempts at rehabilitation.