Robert Joseph Comartin is accused of misappropriation of estate funds. May 28, 2018. (Photo by Paul Pedro)Robert Joseph Comartin is accused of misappropriation of estate funds. May 28, 2018. (Photo by Paul Pedro)
Windsor

Tecumseh lawyer fined, stripped of licence

A Tecumseh lawyer found guilty of professional misconduct has lost his licence to practice.

In a decision published by the Law Society of Ontario, and dated April 16, Robert Joseph Comartin's law licence was stripped immediately. He is also required to pay $40,000 to the Law Society, to be payable in five annual $8,000 installments. Comartin is also required to familiarize himself with the Law Society's guidelines for lawyers who have had their licences to practive revoked.

Comartin was found guilty in January of professional misconduct, including conduct unbecoming a lawyer, and misappropriating money. He was also found guilty of dishonest behaviour and inappropriate billing. All of these charges pertained to the handling of an estate trust, and dated back to 2004.

The Law Society found that Comartin paid himself almost $362,000 in legal fees for his handling of the estate trust in question, and failed to disclose the amount. He also misappropriated $2,400 when he billed the client's estate for a spot audit.

Comartin also did not disclose a potential conflict-of-interest since he was both the estate trustee and a lawyer representing the primary beneficiary of the trust.

A two-day disciplinary hearing took place in November 2019 at the Law Society's headquarters in Toronto. Comartin did not appear at the hearing and it was not known if he was represented by legal counsel. The decision regarding professional misconduct was handed down in December 2019.

According to a listing in the Yellow Pages, Comartin's firm handled civil, real estate, and family law. Cases involved separation, divorce, real estate transactions, and estate trust administration.

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