Ontario Lawyers Gazette - The Law Society of Upper Canada

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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
initiated a personal relationship with his client Mary Doe andthereafter engaged in a sexual relationship with his client MaryDoe in circumstances where he knew his client was vulnerable.Hearing panel ordered that:• the member’s rights and privileges be suspended for a period ofthree months commencing on the 1 st day of February, 2001.(Counsel for Society, Glen Stuart/Counsel for member, unrepresented)John Robert Peddle Jr. (1977, 50), of the Town of Aurora was foundguilty of professional misconduct for: between approximately July, 1997 and February, 1998, he actedas solicitor for his client, SP, and his company and acted asescrow agent for a group of investors represented by DS and hiscompany in respect of various investment transactions.Pursuant to an agreement entered between the two companies,he was to hold investment monies, in trust, as escrow agent. Inthe course of acting as escrow agent, he received $180,000(US) and $400,000 (US) he was to hold, in trust, as escrowagent. In the course of these investment transactions, he failedto be on guard against becoming the tool or dupe of his client,SP; in respect of the above transactions, between or about August20 and August 22, 1997, he mishandled $180,000 (US) or$248,760 (Cdn), more or less, he was to hold, in trust, as escrowagent, as he failed to take appropriate steps to ensure that therepresentations made to him as to the status of the investmentswere accurate and disbursed the investors’ funds in a mannerwhich failed to ensure that the investors’ interests wereprotected, in that he:(i) disbursed $42,800 (Cdn), more or less, to himself;(ii) disbursed $81,580 (Cdn), more or less, to LK; and(iii) disbursed $124,380 (Cdn), more or less, to hisclient, SP, and his creditors; and in respect of the above transactions, in or about the period October1997, he mishandled approximately $145,500(US) of the$400,000(US), more or less, to be held by him, in trust, as escrowagent, in the manner in which he disbursed the sum of$145,500(US) back to DS.Hearing panel ordered that: the member's rights and privileges are suspended for a period ofthree months commencing November 15, 2001; except in the circumstances specified in this paragraph, themember shall not act as an escrow agent with respect toinvestment funds without the prior authorization of the Secretary ofthe Law Society. The member may act as an escrow agent,15
Page 1 and 2: February, 2002In keeping with the L
Page 3 and 4: ix) on or about the 6th day of Octo
Page 5 and 6: the member shall notify the Secreta
Page 7 and 8: provided for consideration in the a
Page 9 and 10: • he participated in a transactio
Page 11 and 12: third parties, when those funds wer
Page 13: On July 24, 2000, before the Honour
Page 17 and 18: • pursuant to paragraph 8 of the
Page 19 and 20: (b)he failed to comply with underly
Page 21 and 22: (iii)In respect of the above transa
Page 23 and 24: with and disbursed his client's fun
Page 25 and 26: verbal requests for information in

Ontario Lawyers Gazette - The Law Society of Upper Canada

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