The lawyer representing a Canadian Forces corporal currently in the midst of a sexual assault trial is himself facing sex crime-related charges, CBC News has learned.
Toronto criminal lawyer Mitchell Worsoff, 54, from the Worsoff Law Firm, is facing charges of sexual assault, invitation to sexual touching, sexual interference and uttering threats. All the charges involve an individual who was a minor at the time, according to court records.
A lawyer representing Worsoff says the allegations are “completely false” and will be disproven in court.
Worsoff is representing Cpl. Oleksii Silin, a Canadian Forces soldier whose trial began Monday in the Ontario Court of Justice in Barrie.
Silin is accused of sexual assault and forcible confinement stemming from a May 2018 incident in a broom closet on the CFB Borden military base, which sits about 100 kilometres north of Toronto.
No restrictions on practice
While legal experts say that this situation — a lawyer facing sex crime charges while representing a client also facing sex crime charges — may seem unusual to the public, there is technically nothing stopping Worsoff from continuing to practice absent an intervention from the Law Society of Ontario (LSO).
According to Law Society records, there are currently no restrictions on Worsoff’s law practice.
“Whenever a lawyer or paralegal is charged with or convicted of a serious offence, the Law Society investigates and, if the evidence warrants, commences regulatory proceedings, which are also public,” said LSO spokesperson Jennifer Wing.
“The Law Society also continually considers whether interim measures, such as suspensions or practice restrictions, may be required to protect the public pending the completion of any regulatory investigation or proceeding.”
Wing said she could not comment on whether the Law Society initiated any investigation following Worsoff’s charges.
“Provided the Law Society has not done anything to suspend this person’s license, provided the client, the accused, is aware of this and has made the decision to continue, then the argument would be he should continue,” said Allan Hutchinson, professor at the Osgoode Law School in Toronto.
“And although, of course, we all sort of get squirmy over that, I’m not sure what action could be taken.”
Allegations ‘completely false,’ says Worsoff’s lawyer
Court records say that the alleged crimes involved a minor younger than 16 and occurred in Toronto between 2008 and Dec. 31, 2013.
The publication ban on the alleged victim’s name was removed in September at the request of the Crown on the individual’s behalf. CBC News is not naming the alleged victim at this time.
Worsoff, whose online biography states that he is a former provincial prosecutor, was arrested on Nov. 29, 2023, by Toronto Police, according to court records. His next court appearance is scheduled for Dec. 5 in Toronto.
Worsoff’s lawyer, Donna Pledge, says her client plans to fight the charges.
“These allegations are completely false, which will be made clear shortly,” said Pledge in a statement emailed to CBC News.
Worsoff’s trial is scheduled to begin after Feb. 28, 2025, and run over five days.
Jakub Adamski, adjunct professor in McGill University’s faculty of law, says the Law Society should consider taking a closer look at Worsoff’s case.
“He’s a member of a professional order, and a professional order clearly has an obligation to regulate the profession in the public interest … as opposed to the interest of the lawyers,” said Adamski.
“You actually have an obligation as a lawyer not to do anything to bring the legal profession into disrepute.”