The Role of Mental Illness in Lawyer Regulation (In Ontario)
Can a lawyer be disbarred for misconduct that is directly caused by mental illness? Until recently, my educated guess would have been no.
In May and June of 2026, a Hearing Panel of the Ontario Law Society Tribunal issued an important pair of decisions that carefully and deliberately resynthesize the role and impact of mental illness in lawyer regulation.[1] These decisions set out and apply a “unified approach” to alleged misconduct by lawyers where mental illness may be a factor.[2] At first glance, this new approach seems to reject case law, including case law by the Appeal Panel . . . [more]


