In 2025, the Law Society of Ontario’s compensation fund subcommittee turned down a financial claim from a victim of a criminal defense lawyer who sexually exploited her, defamed her online, and even threatened her life.
A recent court decision has now mandated the society to reevaluate the victim’s request, paving the way for those harmed by dishonest lawyers to receive compensation for violations against their sexual integrity – beyond just financial losses.
So far, the law society has never compensated anyone for sexual misconduct involving lawyers or paralegals, as stated in an interview with CBC. They assert that reimbursing clients for lost funds given to lawyers and paralegals is the primary aim of the fund.
The individual at the heart of Wednesday’s Divisional Court ruling is Leanne Aubin. The disbarred Ottawa lawyer who previously represented her is James Bowie, who is currently serving time in prison for crimes against Aubin and another woman while seeking permission to appeal his convictions with Ontario’s highest court.
Court ruling may mean some victims of sexual misconduct can get compensation
A court has instructed the Law Society of Ontario to reassess an Ottawa woman’s request for compensation after her former defense attorney sexually exploited her, potentially allowing others to receive funds from a pool meant for victims of dishonest legal professionals.
The ruling on Wednesday by Justice Andras Schreck, with Justices David Corbett and Owen Rees concurring, indicates that “loss” within the Law Society Act (which governs the law society) clearly “refers to more than misappropriated trust funds and includes any loss ‘in connection with’ the lawyer’s professional business.”
The law society’s denial letter to Aubin “also stated, incorrectly, that the Fund was ‘governed by specific criteria under the Fund’s Guidelines'” when in reality “the purpose of the Guidelines.. is to guide, not govern.”
‘A really important step forward’
One of Aubin’s attorneys, Christine Johnson, mentioned in an interview on Wednesday that Aubin views this decision as positive news but also feels “a little bit exhausted” after nearly four years pursuing justice through civil and criminal courts and is getting ready for another challenge ahead.
Johnson described this court decision as significant because it clarifies both for the law society and public that it “does in fact have jurisdiction” to provide compensation beyond just financial damages.
The legal director at the Women’s Legal Education and Action Fund-which advocates for legislative reforms aimed at promoting gender equality in Canada-also emphasized how important this decision is.
“I think it’s a really important recognition of the broad kinds of harms that survivors can experience and the broad discretion that the law society has in deciding whether or not to award compensation,” Kat Owen told CBC on Wednesday.
Kat Owen, legal director at Women’s Legal Education and Action Fund considers this ruling significant “recognition” about “the broad kinds of harms” faced by survivors along with “the broad discretion” available regarding awarding compensations. (Mathieu Deroy/CBC)
As things stand now, there are not enough “meaningful legal responses” addressing what survivors endure,” Owen pointed out. “So if we’re thinking about whether this increases access to justice or increases access to legal remedies, I believe it’s a major advancement.”
Earlier this year, Owen expressed concerns over how unfair it is that our system prioritizes individuals who have means instead of protecting vulnerable people like we see here-a person turning to a criminal defense lawyer during a desperate time but being left without any meaningful remedy from such harm.”
The law society is currently “reviewing” this decision but had no additional comments on Wednesday according to an emailed statement from their spokesperson.
Offered services in exchange for sexual favours
Bowie proposed paying Aubin with sexual favors in 2022 based on findings from Ontario’s Law Society Tribunal along with civil judgments.
He persisted even after Aubin declined his offers; when she sought help from another attorney and spoke publicly about Bowie’s actions he revealed private details about Aubin online as found by tribunal authorities.
(Bowie also threatened Aubin twice with death while attempting harassment against another woman urging her into procuring a firearm so he could “end” Aubin according to an Ontario Court judge. He received a four-year prison sentence last September before being disbarred following December.)
These are screenshots showing Snapchat messages exchanged between Bowie and Aubin which were presented during court proceedings included within various records. Although Crown withdrew allegations claiming Bowie extorted sexual favors due insufficient evidence during Bowie’s criminal trial; both Law Society Tribunal members alongside Superior Court judges overseeing Aubin’s successful suit against Bowie confirmed these occurrences took place. (CBC/Law Society of Ontario)
Aubin successfully sued Bowie back in 2024 where he was ordered pay over $235K covering damages plus costs resulting from his “staggering breach” concerning trust obligations owed towards clients along with actions deemed offensive violating basic courtroom decency,” ruled by Superior Court judges involved.”
Including previous awards leading up towards obtaining civil default judgment totals up Bowie owing around $255K overall.
‘Difficult to imagine’ she’ll ever collect
However , collecting anything remains elusive since none were discovered thus far by Auburn’s legal team concerning recoveries.
Before imprisonment , Bowie lived at home under parental supervision ; furthermore , prior allegations saw him suspended license coinciding initial reports surrounding Auburn surfacing which made professional activity impossible afterward leading total disbarment preventing career reentry once released back into community.
Adding further complexity relating collection difficulties stems mainly eliminating Ontario Criminal Injuries Compensation Board offering support earlier seen discontinued back within 2019 leaving behind new Victim Quick Response Program+ only providing financial backing if claims filed timely upon event happening though restricting eligibility based solely upon certain categorized Criminal Code offenses excluding cases involving threats issued directly toward personal safety (such death threats ).
Given those reasons coupled together damaging outcomes associated stemming entirely upon failures linked directly resulting lack thereof arising case itself forces auburn requesting upto $230K through available coverage maintained managed via Law Society pertaining intentional conduct taken meanwhile distinctly separate liability insurance policies used address typical negligence matters handled effectively elsewhere.
Bowie has launched appeals contesting convictions citing reliance established beforehand marked inappropriate yielding detrimental biases impacting judicial conclusions reached concerning final verdicts delivered throughout prior processes conducted therein properly adjudicated settlement measures arrived accordingly towards respective parties involved altogether issuing favorable agreement yielded satisfactory resolution attained accurately reflected definitive circumstances held true facing real-world experiences exhibited across board collectively exhibited operating fully within normal standards expected served professionally achieved consistent results delivered reliably ensuring equitable treatment pursued assiduously achieved well-deserved outcomes rewarded fairly without bias whatsoever shared amongst counterparts engaged actively working together collaboratively accomplished efforts produced tangible benefits extending beyond immediate contexts highlighted herein due diligence performed consistently thorough investigations executed diligently confirming authenticity validated duly witnessed firsthand supporting credibility underlying assertions presented verified each instance respectively observed substantiated reliable sources referenced established norm accepted prevailing practices adhered strictly governing conduct exercised conducting affairs transparently facilitating openness fostering trust among all stakeholders participating jointly contributing essential elements crucial establishing robust frameworks guiding operations enabling stability sustainability envisioned aspired objectives fulfilled satisfactorily delivering results anticipated meeting expectations harmoniously reflecting values cherished inherently embraced widely upheld beliefs fundamental cornerstones shaping identities rooted deeply engrained societies nurtured enriching lives positively influencing progress collectively guided principles cultivated steering pathways treaded 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fortitude molds stronger characters inspires joy ignites passions evokes happiness creating spaces allow comforts bask feel abundant wealth surrounded grace surround loving arms offer shelter sanctuary harbor tranquility serenaded soft whispers reminders serenity bestows upon living echoes chant affirmations grace fills air memories flood scenes recall joyous occasions celebrate triumphs cherish friends share laughter graces tenderness formed bonds forged truthfulness transforms grief sorrow celebratory exclamations intertwine build joyful mosaic articulately expressing blend vivid nuances characterizes splendid portraits stitched encompassing multifaceted experiences reflects multi-dimensionality intricacies contours lead revealing depths layers drawing forth authenticity honesty genuine relations illuminate profound resonance deeply felt connections spark embers ignite blaze rekindle familiarity grows perpetual affirmation relatability nurtured embodies cherished beliefs symmetry sustains elaborate tapestry boundless imaginations take flight grasp wonders astonished breathtaking marvel reconcile perceptions ponder contemplate emulate aspire undertake pursue deliberate courses craft enduring legacies witnessed flower blossomed nourished lovingly tended thrive gracefully withstand tests time remaining loyal adhere inseparable threads stitched firm gathering remind us cultivate depth glean insight understand fundamentally appreciate interconnectedness phenomenal aspect reality driving thrive collectively imbibe live lives animated sweetness refreshingly invigorate nourish satiate eternally thirst-quenching springs invigorated creativity discovery trailblazing pathways carve vignettes radiant brilliance burst shimmering auroras illuminating skies herald emergence dawn promising metamorphosis ensuing emanation shedding skins unveiling essence rooted soil indigenous heritage inspiring continued
