The notice of application contains two particulars. The first alleges that, between approximately December 2021 and June 2022 Mr. Caruso published  misleading statements addressed to fellow licensees in social media posts, contrary to Rules 2.01 and 6.01 of the Paralegal Rules of Conduct (PROC), in which he asserted falsely that paralegals, through P1 licences issued by the LSO, had become authorized to provide legal services in the immigration field beyond services in connection with proceedings and intended proceedings before the Immigration and Refugee Board of Canada; and encouraging and/or inducing other licensees to violate or attempt to violate the PROC, the Law Society Act (the Act) or By-Law 4.

 

The second particular alleges that between approximately May 2019 and August 2022, the respondent failed to communicate with requisite civility, respectfulness, and professionalism in his social media posts in relation to fellow licensees, contrary to Rules 2.01(3), 2.03(3) and (4), 6.01(1) and (2), and 7.01(4) of the PROC.

 

 As explained below, the hearing of particular 1 was adjourned to await the outcome of Mr. Caruso’s appeal to the Court of Appeal from the Divisional Court’s dismissal of his application challenging the reasonableness of the LSO’s position on the scope of paralegal practice.  This decision determines only the allegations in particular 2.

 

Decision

 

After carefully balancing Mr. Caruso’s Charter-protected expressive rights with his obligations as a member of the paralegal profession, we find his social media communications failed to meet the required standards of civility, respectfulness and professionalism. Mr. Caruso is entitled to hold strong opinions and beliefs but, as a member of the professions, he is required to express them with courtesy and civility. His social media posts were more than discourteous and rude. They were dismissive, demeaning and highly personalised attacks on the integrity, competence and conduct of his fellow licensees. Our reasons follow below.

 

Comments at issue

 

In mid-May 2019, Mr. Caruso made a post titled “Time for Caruso Update” on the OPC Facebook group. It began “[A]fter reading the shameful comments by Bencher Cathy” and went on to describe his recent activities and thoughts about the ongoing scope of practice issue. This generated several pages of responses and comments from other group members.

Ms. Corsetti, a member of the group at the time, responded to one of the commenters. Mr. Caruso took issue with her response which led to the following exchange. The LSO relies on the underlined phrases in support of the allegations.

Tony Caruso: Cathy Armstrong-Corsetti what are you smoking???????The Federal government did add paralegals to practice the full scope!!! It’s you who will not adopt a federal legislative which clearly mentions the word paralegals as we are exempt. There are three areas of the exemption. number 1 lawyer number 2 student at law number 3 paralegal. Get your facts straight. Or RESIGN!!!!!

Cathy Armstrong-Corsetti: Tony Caruso don’t be disrespectful.

Tony Caruso: Cathy Armstrong-Corsetti then don’t be stupid. Before you tell people to look at facts I suggest you do. For you to say the federal government doesn’t want paralegals to practice immigration makes me question your leadership. This shows you don’t have a clue what’s going on at the LSO so put down the joint or leave the butter tarts alone and get up to speed.

[The other member comments.]

Tony Caruso: [member’s name] she won’t answer now because she has been caught in a lie!!!! She has to be the biggest joke as a bencher

Then 

 In January 2022 Mr. Caruso addressed a lengthy post to Ms. Corsetti on his PBWG Facebook page. The LSO relies on the underlined comments in support of the allegations.

I would like to address the coward Bencher who blocked me and went into the other group that the bencher in my opinion had me banned in so the bencher can express their opinion without me answering them.

First and foremost I didn’t block you but you as an elected official you are nothing but a liar and a lazy politician!!!!

… You have remained quiet like the coward you are, …

So before you open your mouth get educated or perhaps go back to paralegal school and learn the education because after all you are grandfathered in and don’t same education as I.

So Bencher I know you feel very defeated but suck it up and move on