Legislation Society orders former Windsor lawyer to pay $380K

Zakir Naik

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A tribunal has dominated {that a} former Windsor lawyer who was disbarred for “a number of incidents {of professional} misconduct” should pay the Legislation Society of Ontario $380,000.

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Claudio Martini has six months to pay. After that, curiosity costs start accruing on any unpaid quantity.

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The legislation society, the physique responsible for the self-regulation of legal professionals and paralegals in Ontario, sought an order for prices following a “prolonged listening to course of” relating to misconduct allegations.

The Nov. 22 order to pay the legislation society, printed on the authorized analysis portal known as CanLII, is the newest in a course of that began in 2015. Martini’s licence was first suspended that yr for actions the tribunal deemed “skilled misconduct.”

In July, the tribunal issued an order that Martini’s “licence to practise legislation in Ontario is revoked, efficient instantly.”

The written ruling from Nov. 22 states that Martini “admitted participating in a number of incidents {of professional} misconduct.” The misconduct included “borrowing from purchasers,” “deceptive purchasers,” “failing to serve purchasers,” and “mishandling belief funds.”

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The doc states that Martini “supplied authorized companies whereas suspended.” He additionally “engaged in skilled misconduct by misappropriating over $2 million held in belief as settlement of litigation.”

Extra particularly, the tribunal discovered that Martini had eliminated his personal cash from belief earlier than an escrow situation in favour of a non-client insurance coverage firm had been fulfilled and that this constituted ‘misappropriation’ beneath the Legislation Society rules. Martini admitted this breach of the escrow and didn’t dispute it on the listening to.

Martini’s lawyer mentioned in an e-mail that they plan to enchantment the prices award.

“Sadly, the choice at present printed on Canlii accommodates, in our view, vital errors,” mentioned Gavin Tighe, with the Toronto legislation agency Gardiner Roberts.

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“It means that admissions have been made that have been by no means made and points determined that in actual fact have been withdrawn by the (Legislation Society of Ontario). Each counsel for the LSO and the undersigned have written to the Tribunal with reference to those errors. Actually, it was counsel for the LSO that wrote to the Tribunal at first occasion to attract its consideration to those critical errors within the resolution.

“Along with these very troubling points, given the result of the central factual situation which occupied the vast majority of the listening to and which was dominated on in Mr. Martini’s favour, we clearly have considerations in regards to the prices resolution.”

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