The Law Society Tribunal - Hearing Division determined that, by reason of physical or mental illness or other infirmity, Glenn Patrick Bogue (the Respondent),is and has been incapacitated within the meaning of section 37 of the Law Society Act, in that he is and has been incapable of meeting his obligations as a licensee
On February 10, 2020, the Law Society Tribunal - Hearing Division ordered that:
(1) The Respondent 's licence to practise law is suspended commencing immediately and continuing indefinitely until all of the following conditions have been met:
a. the Respondent is examined by a physician registered with the College of Physicians and Surgeons of Ontario (or with the equivalent regulatory body in another Canadian territory or province) certified as a psychiatrist by the Royal College of Physicians and Surgeons of Canada ( the examining psychiatrist ); and
b. the Respondent provides a written report by the examining psychiatrist confirming, to the satisfaction of the Law Society 's Executive Director, Professional Regulation or her designate ( the Executive Director ), that the Respondent is no longer incapacitated within the meaning of section 37 of the Law Society Act.
(2) The written report referenced in paragraph 1(b) must also confirm that:
a. the examining psychiatrist has reviewed and considered the written reasons relating to this proceeding and the psychiatric assessment report of Dr. Philip E. Klassen dated November 29, 2018 concerning the Respondent;
b. the Respondent has met with a physician registered with the College of Physicians and Surgeons of Ontario (or with the equivalent regulatory body in another Canadian territory or province) certified as a psychiatrist by the Royal College of Physicians and Surgeons of Canada ( the treating psychiatrist ) for treatment for his condition at a minimum frequency of once per month for a minimum period of six consecutive months; and
c. the Respondent has followed the treating psychiatrist 's treatment plan for a minimum period of six consecutive months and continues to follow the treatment plan.
(3) While his licence is suspended, the Respondent shall fully comply with the terms of the Law Society' s Guidelines for Lawyers Who Are Suspended or Who Have Given an Undertaking Not to Practise.
(4) Following the termination of the suspension set out in paragraph 1:
a. the Respondent may only practise law as an employee of a lawyer with a licence in good standing who has been approved by the Executive Director and who has reviewed this order, the written reasons relating to this proceeding, and the report of Dr. Klassen ( the employer ), and the Respondent shall be directly supervised by the employer in practising law;
b. the Respondent may not operate a trust account in connection with his law practice;
c. the Respondent shall meet with the treating psychiatrist at least once every three months;
d. the Respondent shall comply with all mental health treatment as recommended by the treating psychiatrist; and
e. every three months, the Respondent shall provide to the Executive Director a letter from the treating psychiatrist reporting on the Respondent 's condition(s), symptom(s), prescribed treatment, compliance with treatment and prognosis.
(5) If the Respondent provides a written report from a physician registered with the College of Physicians and Surgeons of Ontario (or with the equivalent regulatory body in another Canadian territory or province) certified as a psychiatrist by the Royal College of Physicians and Surgeons of Canada that satisfies the Executive Director that the restrictions and requirements set out in paragraph 4 are no longer required to protect the public or the public interest, then the restrictions and requirements set out in paragraph 4 may be lifted or varied with the written authorization of the Executive Director.
(6) There is no order as to costs.
abovethelaw.com
www.theglobeandmail.com
thetyee.ca
toronto.citynews.ca
nationalpost.com
