A Sudbury lawyer found not guilty of sexual assault will face a Law Society tribunal to determine if his actions resulted in professional misconduct.
Adam Castonguay was charged with sexual assault causing bodily harm and sexual assault - chokes, suffocates or strangles, from an incident that took place in December 2020.
Though initially the name of the complainant in the case, Julie Lamothe, was protected by a publication ban, Lamothe fought to have the ban lifted and can now be named in relation to the case. (Editor's note: Although they share a last name, there is no familial connection between the writer of this article and Julie Lamothe.)
Lamothe alleged that Castonguay sexually and physically abused her at a Christmas party in December 2020. She testified he assaulted her, choked her, and threw her so hard against a couch she lost consciousness and suffered a concussion. Castonguay denied the accusations and testified that while he shared a consensual kiss or two and made out with Lamothe, he did not sexually assault her.
Castonguay was acquitted of the charges.
Lamothe also filed a $13-million civil suit against Castonguay in Sault Ste. Marie court. It names both Castonguay and Samantha Prescott as defendants. They are partners at Conroy Scott LLP in Sudbury, which is also named in the lawsuit.
Lamothe confirmed to Sudbury.com that the civil suit has been settled out of court, but no further information is available.
On May 3, 2021, the Law Society of Ontario filed a motion for suspension of Castonguay’s law license on the basis that, at the time, there were reasonable grounds to believe there is a significant risk of harm to the public, or to the public interest in the administration of justice. No details from the hearing can be divulged due to a non-disclosure order.
The tribunal dismissed the motion and instead, imposed proactive restrictions on Castonguay’s practice, including avoiding places he knew Lamothe would be.
A small variation of the order came in August of 2021 when Lamothe’s work arrangement changed.
Then, in July, 2023, a new investigation was launched by the Law Society for breaching that 2021 order. The society asserts that:
- On May 29, 2023, the respondent, Castonguay, who does not practise family law, breached the terms of his release conditions relating to non-contact with the complainant by attending the complainant’s place of work, for non-work purposes, and not voluntarily leaving after he realized that the complainant was there, as required;
- The respondent engaging in intimidating behaviour towards the complainant, who is also the complainant in the respondent’s serious sexual assault trial, which has not yet concluded, by lingering in the [REDACTED] after a [REDACTED] asked him to leave;
Castonguay was charged by Greater Sudbury Police for breach of release restrictions relating to the assault case, but those restrictions were withdrawn on March 4, 2024, after Castonguay agreed to a peace bond lasting 12 months. He would be subject to a $500 fine if it is broken. Castonguay would be charged with breach of recognizance if he breaches the order.
The peace bond is now over, but the new Law Society investigation is just beginning.
The society alleges Castonguay:
- On or around December 11, 2020…the Respondent (Castonguay) sexually assaulted and/or harassed Julie Lamothe, an articling student of the law firm at which he was in a position of authority as the managing partner.
- On or around May 29, 2023… the Respondent (Castonguay) acted without integrity by: (a) failing to comply with a term of his release order; and (b) being untruthful with the Sudbury police about why he was in the courthouse.
Upon acquitting Castonguay of the charges in September, 2023, Justice Thomas said she based her decision on the question of reasonable doubt.
“It may mean sometimes a guilty person is acquitted, but it is a necessary consequence to ensure that an innocent person is not convicted.
“This was not a credibility contest,” she said. “But I cannot disregard the fundamental principle of presumption of innocence.”
In a separate case, assault and forcible confinement charges against Castonguay from a different victim, dating back to 2013, were dropped in early June 2021 after he agreed to enter into a common-law peace bond with the complainant.
According to an email from the Law Society to Sudbury.com, Castonguay will next appear at a “Proceeding Management Conference” on April 14.
Jenny Lamothe is a reporter with Sudbury.com, covering vulnerable and marginalized populations, as well as housing issues and the justice system.