An Old Friend From University Days
License revocation was ordered by the Ontario Law Society Tribunal Hearing Division
As explained in the reasons on findings, we found that Mr. McLennan systematically transferred the GRM Estate funds in the amount of $328,500 from his trust account to his general account for his own use. Within three months, he had depleted his client’s funds.
None of that money was ever distributed to the two estate beneficiaries, the children of the deceased GRM. Nor was any of the money used to pay the debts of the estate. Instead, Mr. McLennan used the trust money to pay personal and business debts and expenses.
In misappropriating and misapplying $328,500 of his client’s money, Mr. McLennan betrayed the solicitor-client relationship, undermined public confidence in the legal profession, stole a significant inheritance a father had left for his sons, and created “truly devastating” consequences for RM, who was the estate trustee and one of the beneficiaries of the estate. RM testified at the hearing about the “truly catastrophic” impact Mr. McLennan’s actions have had on him including anxiety and loss of sleep. He has required medical attention. His relationship with his wife, and his relationship with his brother who was also a beneficiary, have been negatively affected. What makes Mr. McLennan’s actions even more egregious is that he met RM at the celebration of life of RM’s father. Mr. McLennan told RM that he was an old friend of RM’s father from university days. It was in reliance on that foundation that the solicitor-client relationship commenced.
Given Mr. McLennan’s misconduct, the presumptive penalty is revocation: Law Society of Ontario v. Wilkins, 2021 ONLSTA 15 at para. 109. While we considered submissions from Mr. McLennan about his health and his request to be given permission to resign, we cannot accede to them. The circumstances of this matter were so serious, so devastating and there were no exceptional circumstances that would warrant a departure from the presumptive penalty. As a result, we revoked his licence to practise law.
(Mike Frisch)
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