An allegation that a legal practitioner 'recklessly disregarded' the truth or falsity of a statement in an affidavit can only be established by proving the practitioner's actual state of mind was one of indifference to the truth — that the practitioner did not care whether the statement was true or false. It is not sufficient to show that the practitioner 'should have known' or 'should have been aware' that the statement was false; such findings connote negligence or carelessness, not recklessness. A tribunal must make express findings as to the practitioner's subjective state of mind, and the use of objective language in reasons will indicate application of the wrong test.
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