An embattled Sudbury lawyer facing a decision in a sexual assault case is back on the radar of the Law Society of Ontario, which is again trying to suspend his licence.
Adam Castonguay is facing an Aug. 2 verdict in a 2020 sexual assault case. In 2021, the society attempted to suspend his licence because of those outstanding charges, but a disciplinary panel was unsuccessful.
Instead, the panel issued what’s called an “interlocutory order” restricting his practice. Part of that restriction is that Castonguay can attend the law office where he is employed only on Saturdays.
This order is in compliance with the order of court that Castonguay, a Laurentian University grad who has practiced law since 2018, have no contact with the complainant in his sexual assault case, who works in the same law firm.
According to the notice of motion on the Law Society website, Castonguay breached his release on May 29, a Monday, by allegedly attending his law office and refusing to leave.
“On May 29, 2023, the respondent, 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, [REDACTED] for non-work purposes, and not voluntarily leaving after he realized that the complainant was there, as required,” the motion reads.
“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.”
As a result of this incident, the society is looking to alter the 2021 interlocutory order and suspend Castonguay’s licence. A hearing on that motion is scheduled for Aug. 23.
The May 29 incident is also a breach of Castonguay’s release order related to the sexual assault case, and he has been charged with that breach by Greater Sudbury Police Service. He has an Aug. 16 court date for that charge.
Precipitating all of this is the alleged December 2020 Christmas party incident that led to Castonguay’s charges of sexual assault, sexual assault-choking, and assault causing bodily harm, to which he has pleaded not guilty.
According to published reports, a woman alleges being assaulted physically and sexually by Castonguay during that party.
A verdict on those charges is expected on Aug. 2.
The alleged victim in Castonguay’s sexual assault case is also suing him in a Sault Ste. Marie court, seeking $13 million in damages.
In a separate case, assault and forcible confinement charges against Castonguay from a different victim were dropped in early June 2021 after he agreed to enter into a common-law peace bond with the complainant.
None of the allegations have been tested in court and the accused is considered innocent unless proven guilty.