A three-member panel has dismissed a motion from the Law Society of Ontario to suspend the licence of a Sudbury lawyer accused of sexual assault.
Instead, the panel has imposed further practice restrictions on Adam Castonguay, who appeared virtually before the tribunal for a two-day hearing on June 21-22.
Castonguay was charged in January with sexual assault causing bodily harm and sexual assault - chokes, suffocates or strangles, from an alleged incident that took place in December 2020. He is a partner with the law firm of Conroy Scott LLP.
The Law Society of Ontario filed a motion on May 3 for interlocutory suspension on the basis there are reasonable grounds to believe there is a significant risk of harm to the public, or to the public interest in the administration of justice.
A non-disclosure order was made at the start of the hearing, meaning anything that happened during the hearing couldn’t be made public. The Law Society said in an email it is rare to have a non-disclosure order in place, but it was made due to the numerous non-public documents included in the hearing.
Castonguay was also charged in February with assault and forcible confinement in a separate incident dating back to 2013.
On June 8, Castonguay entered into a one-year common-law peace bond with the complainant in this matter, and the charges have been withdrawn as a result.
As part of the restrictions, the tribunal requires Castonguay to “fully comply” with the common law peace bond.
While the Law Society hearing has been completed, the charges are still making their way through court.
A publication ban prevents any information about the alleged incident, which was detailed during the tribunal hearing, from being made public to protect the identity of the victim.
The Law Society will now file a notice of application to begin a conduct case, although a date has not been established.
