Quinte area lawyer Gregory Edward Brant Castellano has made his final submission in an interlocutory suspension/restriction hearing held by the Law Society Tribunal.
Castellano was self-represented for his submission in the hearing that accuses him of failing to report criminal charges of “drugging and sexually assaulting a member of the public” to the Law Society as well as not maintaining books and records in compliance with financial requirements.
None of the allegations has been proven in court.
In his final submission, Castellano admitted that his trust accounting was not compliant with the by-law for a short period of time, but said that was due to not being able to locate a bookkeeper.
He said that he has since been able to find one and asserts that the accounting would be properly handled moving forward.
When it comes to complaints made by clients, Castellano acknowledged mistakes made such as failing to follow up on an affidavit, but denied allegations of misconduct with other clients.
Regarding meeting the legal test for an interlocutory suspension laid out by the Law Society, Castellano argued that the society’s case was made on unproven criminal allegations and administrative complaints.
Castellano said having his licence suspended would do harm to the clients that he takes on pro bono or at a low cost, arguing that those clients would have a tough time or wouldn’t be able to find a new lawyer.
He concluded by asserting his integrity, citing his willingness to cooperate with the Law Society investigation.
In a chance at a rebuttal of the final submission, attorney Shannon McDunnough, representing the LSO, argued that there were instances of Castellano misleading clients.
One instance she argued was Castellano telling a client they couldn’t do anything on their file because Castellano’s laptop was stolen when it had been seized by police.
McDunnough said that the duty of candor requires a lawyer to inform clients about information that affects interests, arguing that the loss or seizure of documents falls into that category which she says Castellano did not do.
She also said that the criminal allegations against Castellano are not solely based on unsworn allegations from one person but also include independent medical evidence.
McDunnough also said that statements made by Castellano were not supported by evidence in the case, including work at a women’s shelter and pro bono representation.
The Law Society of Ontario (LSO) is looking at the suspension and/or restriction of the licence of Castellano based on what they believe are reasonable grounds that there is a significant risk of harm to members of the public, or to the public interest in the administration of justice.
A date for a final decision was not given by the tribunal, but chair of the committee overseeing the hearing Barbara J. Murchie, said they would look to reach out to both parties on an update within the next week.
