TORONTO — Rather than revoking his licence, a tribunal of the Law Society of Ontario has agreed to allow Thunder Bay lawyer Alexander (Sandy) Zaitzeff to surrender his licence to practice.
The decision was made Wednesday afternoon after a virtual hearing into accusations of professional misconduct, and was based on a joint submission by counsel for the LSO and for Zaitzeff.
His licence had been suspended provisionally in 2016 after Thunder Bay Police charged Zaitzeff with numerous criminal offences.
In April 2018 he pleaded guilty to one count of invitation to sexual touching involving a minor, two counts of assault, and possessing a firearm without a licence.
Ten other charges were withdrawn.
Zaitzeff was sentenced to 15 months probation after he was credited for six months of pre-trial custody. The judge also cited his remorse and the absence of any criminal record.
In 2020, the Law Society detailed allegations against him as follows:
- in or around September and October 2016, the Respondent engaged in professional misconduct...by communicating in a manner that was offensive or inconsistent with the proper tone of a professional communication from a lawyer, in that he sent several emails with inappropriate content to various recipients including counsel on an ongoing litigation matter
- the respondent failed to report to the LSO, as soon as reasonably practicable, that – on or around November 21, 2016 he was charged with indictable criminal offences, [and] on or around November 30,2016 he was charged with breaching a Recognizance of Bail which he had entered into on November 21, 2016, and another indictable criminal offence
The notice also detailed allegations of conduct unbecoming a licensee when he pled guilty to the four criminal charges.
At Wednesday's hearing, the LSO tribunal heard that the incident involving a minor, in particular, constituted significant misconduct.
However, Zaitzeff had admitted to his conduct, shown remorse and taken responsibility for his actions, participated in rehabilitation, and cooperated with the LSO throughout the process.
His lawyer cited a series of family tragedies, culminating in the death of his son which he said ultimately "broke him" near the end of his career, causing him to self-medicate with lorazepam and alcohol.
Zaitzeff was diagnosed with suffering from traumatic grief.
Saying he has invested his entire working life in this profession, and has contributed significantly to the community, his lawyer said giving him the opportunity to leave the profession voluntarily would provide "slightly less stigma" than having his licence revoked.
The tribunal chair said she recognized that this is nonetheless a difficult way for Zaitzeff to end his career.
"Good luck to you, sir," she concluded.
Zaitzeff has 30 days to resign, failing which his licence will be revoked.
He was also ordered to pay costs of $4,000 to the Law Society.
NOTE: A previous version of this story incorrectly stated that one of the criminal charges was sexual touching, whereas it was actually invitation to sexual touching. The story has been corrected
