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This assignment requires you to read two cases (set out below) and analyze
these decisions, along with the decision in the Law Society of Upper Canada v.
Gebremariam,  L.S.D.D. No. 204; 2014 ONLSTH 165 that you briefed for
Assignment #2. You will then write a short memo of law answering the following
questions. Your answers must demonstrate your understanding of the issues and
decisions in these cases. You should write this memo for someone who has
limited knowledge of the issues raised in these decisions. Your reader has not
read these cases. Be sure to answer the questions using complete sentences.
Further cases to read:
An edited version of The Law Society of Upper Canada v. Leahy,  L.S.D.D. No.
58, 2015 ONLSTH 53; has been posted to SLATE. It is this version of the case
(edited by your professor) that students are expected to read in order to complete
The Law Society of Upper Canada v. Kulidjian,  L.S.D.D. No. 191, 2015
ONLSTH 152. Students may use any database to locate this case.
The assignment is to write a short legal memorandum answering the following
questions, in the format attached. Please use appropriate headings for each separate
section of your memorandum. Your answers should be brief, accurate, organized in a
logical and coherent fashion, and clear. They should be written in your own words, to
the extent possible, quoting from the cases only as necessary. You must follow the
legal memo format attached. (You do not need to follow the structure of a Legal
Memorandum of Fact and Law found in chapter 21 of the text).
Please note: While not required, you may refer to other decisions to assist you in
understanding these cases.
1. Did the Tribunal find this licensee to be ungovernable?
2. Explain the Discipline Committee’s application of the Shifman test.
Please reference the edited version of this decision which has been posted on
3. Summarize the facts that the Tribunal considers in relation to the issue of
penalty. Please do so in one to two paragraphs.