Public Disclosure of Judgements by Licensee
((Category:Privacy))
Law Society Act
Confidentiality 49.12 (1) A bencher, officer, employee, agent or representative of the Society shall not disclose any information that comes to his or her knowledge in relation to an audit, investigation, review, search, seizure or proceeding, or potential audit, investigation, review or proceeding, under this Part.
Exceptions (2) Subsection (1) does not prohibit,
(a) disclosure required in connection with the administration of this Act, the regulations, the by-laws or the rules of practice and procedure;
(b) disclosure required in connection with a proceeding under this Act;
(c) disclosure of information that is a matter of public record;
(d) disclosure by a person to his or her counsel;
(e) disclosure with the written consent of all persons whose interests might reasonably be affected by the disclosure;
(f) disclosure of such information as may be specified by the by-laws respecting an audit, investigation, review, search, seizure or proceeding, or potential audit, investigation, review or proceeding, under this Part, in the circumstances specified by the by-laws;
(g) disclosure of information to an authority responsible for regulating the practice of law or the provision of legal services in another province or territory of Canada, if the authority is subject, under the laws of its jurisdiction, to restrictions and permissions respecting the disclosure of information that are comparable to those to which the Society is subject under this Act;
(h) disclosure of information if there are reasonable grounds for believing that there is a significant risk of financial harm to a person, and the disclosure is made principally for a purpose related to preventing the harm or investigating the risk;
(i) disclosure of information if there are reasonable grounds to believe that there is a significant threat to the life, health or security of an individual, and the disclosure is made principally for a purpose related to addressing or investigating the threat; or
(j) any other disclosure specified by the by-laws, in the circumstances specified by the by-laws.
Solicitor-client privileged information (2.1) Despite subsection (2), information that is subject to solicitor-client privilege shall not be disclosed under clause (2) (e), (f), (h), (i) or (j).
Disclosure to public authorities 49.13 (1) The Society may apply to the Superior Court of Justice for an order authorizing the disclosure to a public authority of any information that a bencher, officer, employee, agent or representative of the Society would otherwise be prohibited from disclosing under section 49.12.
