Lawyers For Accountants

We defend accountants charged with criminal offences under the Criminal Code and other statutes like the Controlled Drugs and Substances Act, Provincial Offences Act, Competition Act, Securities Act, and many others.

Our criminal practice includes defending charges like fraud, theft, use of forged document, sexual assault and harassment.

We have experience representing many clients who are professionals, like accountants, and understand some of the unique circumstances that may be at play.

The CPA Ontario is the governing body of Ontario Chartered Professional Accountants. It is the regulatory body responsible for protecting the public interest by ensuring that its members, students, applicants, and firms meet the industry’s standards of integrity and professionalism.

Chartered professional accountants are subject to regulation and oversight. Individuals and firms must adhere to the CPA Code of Professional Conduct, meet annual continuing professional development requirements, and are subject to public oversight and discipline mechanisms.

At the conclusion of a review by the Professional Conduct Committee, it may:

• take no further action;
• provide guidance and advice to, or admonish, the subject(s) of the complaint;
• refer the matter to the Discipline Committee;
• refer the complaint to the Registrar or elsewhere in the CPA Ontario; or
• investigate the complaint.

The Professional Conduct Committee will provide the parties with its determination within 30 days of the determination being made.

If the Professional Conduct Committee is concerned that an accountant poses a significant risk of harm to the public, it may apply for an order suspending or placing restrictions or conditions on the accountant’s practice. The Professional Conduct Committee can only make such an application if it has reasonable grounds to believe there is a significant risk of harm to members of the public or to the public interest and an order would likely reduce that risk. CPA Ontario may also refer a matter to the Registrar for consideration as a Potential Capacity Application where there are reasonable grounds to believe an accountant may be incapacitated.

 Where the complaint is complex, an investigator may be appointed to conduct a formal investigation and prepare a detailed report of their findings. A formal investigation may involve the investigator taking statements from individuals and the member will often be asked to attend a meeting to be interviewed. All members are entitled to have legal counsel present during this process. It is prudent to retain legal counsel as a lawyer can assist with preparing written responses, oral statements, and navigating the process.

At the end of an investigation, the investigator will prepare a report for review by the Professional Conduct Committee.

Once its investigation and review is complete, the Professional Conduct Committee may make any of the following dispositions:

• take no further action;
• provide guidance, advice, or an admonishment to the subject(s) of the investigation;
• refer the matter to the Registrar or elsewhere in CPA Ontario;
• negotiate a settlement agreement with the subject(s) of the investigation and refer the agreement to the Discipline Committee for approval;
• refer the matter to the Discipline Committee;
• adjourn the matter, with or without terms and conditions; or
  take any remedial action it considers appropriate.

The Professional Conduct Committee will provide its determination in writing within 30 days of making the determination.