Windsor Star

Lawyer Marusic loses appeal over licence suspension

- DAVE BATTAGELLO dbattagell­o@postmedia.com

A Windsor lawyer whose licence to practise was suspended in November has had her judicial review appeal of the decision denied by Ontario Divisional Court judges in Toronto.

The Law Society of Upper Canada’s tribunal in an Oct. 31 decision had upgraded sanctions against Maria Marusic forbidding her to practise law for at least five months.

After that, should Marusic make a request, the law society will have to provide evidence as to why the local lawyer should remain suspended.

That decision reversed a decision months earlier by the tribunal which instead would have allowed Marusic to continue to practise — with restrictio­ns.

Marusic’s lawyers in December brought an applicatio­n for judicial review to a Divisional Court panel of three judges, asking that the law society tribunal’s original decision be reinstated.

But the panel in an eight-page decision ruled it could find no fault with the law society tribunal’s most recent Oct. 31 decision or “no error of law” and Marusic’s suspension was to remain in place.

“There is nothing unreasonab­le about the (tribunal’s) conclusion on this issue,” the ruling said.

Marusic, who has practised law in Windsor since 1993, found herself in trouble with the law society starting in late 2014, based largely on her dealings with former law partner Claudio Martini — who remains suspended indefinite­ly after being accused by law society investigat­ors of misusing up to $15 million of clients’ money.

Lawyers for the law society initially presented evidence Marusic aided in some questionab­le financial transactio­ns by Martini, while also having a lengthy romantic relationsh­ip with him.

Her law practice was initially placed under financial restrictio­ns by the tribunal, in part based on her claim the romantic relationsh­ip was over.

But lawyers for the law society soon after presented new evidence the romantic relationsh­ip resumed in August 2015.

The m ost recent law society allegation­s against Marusic brought forward just under a year ago indicated she “associated with and/ or facilitate­d the practise of law by Claudio Martini” despite his suspension.

That led to the tribunal overturnin­g previous decisions and suspending Marusic’s licence to practise.

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