MANDEL: Should lawyer accused of sexually assaulting a minor be allowed to practise?
A tribunal found the Law Society of Ontario hadn't proven that he posed any threat to the public and can continue practising
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Last fall, lawyer Mitchell Worsoff was in a Barrie court representing a Canadian Forces soldier accused of sexual assault.
Nothing unusual about that.
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MANDEL: Should lawyer accused of sexually assaulting a minor be allowed to practise? Back to video
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But then came the rather surprising CBC headline: “Toronto lawyer representing soldier in sex assault trial is facing his own sex crime charges” with the kicker that Worsoff remained in “good standing” with the Law Society of Ontario.
How could that be?
According to a recent decision, a woman went to police in May 2023 alleging she’d been sexually abused by Worsoff when she was a minor between 2008 and 2013. In November of that year, the lawyer was charged with sexual assault, sexual touching of a minor, invitation to sexual touching, and uttering a threat to cause death to the minor with whom he was in a “trust relationship.”
Worsoff informed the Law Society, complied with his bail conditions and continued working as a criminal defence lawyer while vigorously insisting he was innocent.
In January 2024, the LSO initiated a conduct unbecoming investigation and in September, an investigator began trying to schedule an interview with him and his lawyer. But then came the CBC report – which was obviously not a very good look for the self-governing profession.
The LSO asked the Crown for the General Occurrence Report (GOR) that provided a synopsis of the alleged incidents and, for the first time, asked Worsoff if he’d voluntarily stop practising while his charges were pending.
Worsoff refused.
So, on Nov. 24, 2024, the LSO brought a motion before the independent Law Society Tribunal for a temporary suspension. At the hearing in December, the law society argued the suspension was necessary to protect public confidence in the legal profession and its regulation by the LSO.
In many other cases, where lawyers were facing serious charges of sex assault or even fraud, temporary suspensions had been ordered, they said.
The difference here, according to the tribunal, was that Worsoff wanted to give them his side of the story – and, under oath, he denied all the charges.
He told the hearing the allegations against him are “blatantly false” and said “anybody can make up allegations from 15, 20 years ago.” He called it “ridiculous … shameful,” and testified “there’s no evidence in this case whatsoever except that there’s some contradictory documents which will be in my favour.”
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That seems to have been enough for the independent panel – they refused to grant the temporary suspension.
“Despite outstanding criminal charges, the lawyer chose to testify, and he unequivocally asserted his innocence. The Law Society did not challenge his denial of the allegations, and did not call any evidence beyond the GOR to support his guilt,” the ruling said.
Was the regulator supposed to litigate the allegations? Isn’t that the job of a court of law?
Of course, Worsoff is presumed innocent and none of these charges have been proven against him. But you would think that a lawyer still being allowed to practise while facing serious allegations of sexually assaulting a minor would bring the profession into disrepute.
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The panel disagreed.
“To the contrary,” the tribunal concluded. “We had to conclude that on the record before us, a suspension of the lawyer’s licence would undermine confidence in the administration of justice in the same ways. A reasonable, informed member of the public would understand the basic values of Canadian law, including the weighing and giving significance to direct, uncontradicted and unchallenged evidence and the importance of the lawyer’s livelihood and reputation.”
Worsoff could not be reached for comment.
As for the LSO, a spokesman said they’re reviewing the decision.
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