Groia: Four Strikes and You're Not Out

Abstract

This Comment reviews the 2018 Groia v. Law Society of Upper Canada decision by the Supreme Court of Canada. In this case, the Court held in favor of Mr. Groia, overturning two lower court decisions and two Law Society tribunal decisions. A central issue was when does incivility cross the line into professional misconduct worthy of sanction by a provincial or territorial law society. The Court held that, depending on the context, a lawyer's duty of resolute advocacy trumps the need for civil courtroom behavior. While the views of the majority of the Court are reasonable, the concurring decision by Justice Côté required greater scrutiny of a law society's decision to sanction courtroom behavior and would better protect judicial independence.

Keywords: Criminal Law, Professional Responsibility, Legal Ethics, Civility, Resolute Advocacy