Ontario Lawyers Gazette - The Law Society of Upper Canada

Stuart Edward Hendin (1975, 57), of the City of Ottawa was found guiltyof professional misconduct for:1. between February 1, 1998 and February 28, 2000, approximately,he misappropriated a total of $108,000, more or less, from clienttrust funds as follows:(a)he misappropriated a total of $60,000, more or less, frommonies held in his firm’s mixed trust account on behalf of hisfirm’s client LM: (i) $50,000, more or less, on or aboutFebruary 4, 1998; and (ii) $10,000, more or less, on orabout February 18, 2000;(b) on or about August 5, 1999, he misappropriated $18,000,more or less, from monies held in his firm’s mixed trustaccount on behalf of his firm’s client, LI;(c)(d)(e)(f)on or about December 14, 1999, he misappropriated$3,000, more or less, from monies held in his firm’s mixedtrust account on behalf of his firm’s client, ZH;on or about December 13, 1999, he misappropriated$2,244, more or less, from monies held in his firm’s mixedtrust account on behalf of his firm’s client, HW;on or about February 26, 1999, he misappropriated$20,000, more or less, from monies held in his firm’s mixedtrust account on behalf of his firm’s client, R; andhe misappropriated a total of $5,000, more or less, frommonies held in his firm’s mixed trust account on behalf of hisfirm’s client, LF: (i) $2,675, more or less, on or aboutOctober 27, 1999 and (ii) $2,040, more or less, on or aboutDecember 14, 1999; and2. between October 28, 1999 and February 28, 2000, approximately,he failed to maintain sufficient monies on deposit in his firm’s mixedtrust account to meet all of his obligations with respect to moneyheld in trust for his firm’s client LM, contrary to section 8 of By-Law19, made pursuant to the Law Society Act, R.S.O. 1990, c.L.8 asamended.Hearing panel ordered that: the member is permitted to resign his membership in the LawSociety; and the member is prohibited from acting or practising as a barrister orsolicitor and from holding himself out as a barrister or solicitor.(Counsel for Society, Catherine Braid/Counsel for member Bryan Carroll)Mark Elliot Joseph, (1982, 49) of the City of Toronto, was found guiltyof professional misconduct for:• during the period from approximately March 1995 to April 1995and in the course of the solicitor-client relationship, the member14