The LSO further sought disbursements of $11,075.08, which comprised two charges, $10,357.96 for Ellwood Evidence Inc. – the last-minute responding expert report – and $717.12 for printing and delivery.
Considering the Perrelli factors, the tribunal wrote that the proceedings were above average complexity and required the LSO to call additional witnesses, which lengthened the hearing due to the vast materials, multiple complaints, and “aggressive defense” by Deokaran, including raising last-minute defences.
“The lawyer’s service, at the last minute, of a purported expert report required the law society to retain an expert on a rush basis, leading to higher costs and a longer hearing,” the tribunal wrote.
The tribunal wrote that because Deokaran raised the issue regarding another cause of the disputed emails, she should bear all the resulting expenses, specifically the entire costs incurred for the responding report of Ellwood Evidence Inc. However, the panel declined to award any fees related to printing expenses as the tribunal operates electronically to the extent reasonably possible.
Deokaran’s interlocutory suspension is partly due to her disciplinary history of failing to cooperate with the LSO. For example, she was licensed to practice in 2011 but was administratively suspended for 19 days in 2012 for unpaid LawPRO premiums.
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