Proceeding Expeditiously

The Law Society of Upper Canada Hearing Division Tribunal has denied a motion to dismiss or delay proceedings pending a related civil action 

The Law Society alleges that lawyer Maria Marusic misappropriated or assisted in misappropriating over $1 million when she co-signed cheques transferring a client’s funds from trust to her firm’s general account. It also alleges that in representing a second client, she failed to prevent the unauthorized practice of law by her former partner, Claudio Martini, while he was suspended, and associated with or used his services. Finally, it alleges that she acted without integrity in the manner in which she handled that client’s settlement.

Ms. Marusic argues that the Law Society’s application should be dismissed without a hearing. She says that the Law Society has created an abuse of process by requiring her to respond to allegations about her association with Mr. Martini while at the same time pursuing this discipline proceeding. Alternatively, she asks that the hearing be delayed until a civil action connected with the misappropriation allegations is decided.

The motion is dismissed. The allegations to which the Law Society is currently seeking a response form part of a new investigation into Ms. Marusic’s associations with Mr. Martini on matters not at issue in this application. Moreover, even if the new investigation did involve the same allegations, the Law Society is entitled to continue to investigate, including exercising its powers to require licensees to respond. We also find that it would be inappropriate for us to exercise our discretion to delay the hearing of the serious allegations against Ms. Marusic. The civil case involves different issues and is at a relatively early stage. The need for this matter to proceed expeditiously has been emphasized in earlier Tribunal proceedings and that approach should continue to be followed.

(Mike Frisch)