top of page

SCC decision a victory for ‘zealous advocates’

SCC decision a victory for ‘zealous advocates’

Posted by: Labour and Employment - Deborah Howden , June 19, 2018


A recent Supreme Court of Canada (SCC) ruling clarifies the boundary between what constitutes incivility in a courtroom and strong legal advocacy, Toronto employment lawyer Deborah Howden tells AdvocateDaily.com.

ree

The Law Society of Ontario (LSO) launched a proceeding against Toronto securities lawyer Joseph Groia 2007 for professional misconduct in court while successfully defending a client in a lengthy and complex fraud trial. The lawyer was cited by the law society for attacking Ontario Security Commission prosecutors both professionally and personally.


The lawyer received a $200,000 fine, a one-month suspension and ordered to pay about $2 million in legal fees in 2012.


He challenged the decision but it was upheld by the Divisional Court and the Court of Appeal until the Supreme Court of Canada overruled the LSO in a 6-3 judgment this year. The majority found that while the LSO retains the ability to determine whether courtroom behaviour can amount to professional misconduct, lawyers are also bound to fearlessly advocate for their clients, Howden says.


This is an excerpt from an article that appeared on AdvocateDaily.com.


shibley logo.png

About Shibley Righton

Shibley Righton LLP is a mid-sized Ontario law firm with lawyers in three offices (Toronto, Windsor, and Hamilton area). We offer a full range of services in litigation and dispute resolution, business law including corporate governance, finance and mergers and acquisitions, estate planning, real estate, labour and employment and a number of other practice areas. Shibley Righton has the largest condominium law group in Canada, offering a full range of services to condominium corporations including corporate governance, enforcement, contract review and litigation services.  Clients rely on Shibley Righton’s team of lawyers and professional staff to provide exceptional services in a practical, cost effective and timely manner.

© 2025 Shibley Righton LLP |  Powered by Stratastic

  • LinkedIn
multilaw_wayfinder_logo_teal (1).png
lexwork.logo_.webp
bottom of page