The B.C. Court of Appeal upheld the Law Society of B.C.’s finding that the lawyer had committed professional misconduct by failing to disclose a conflict of interest to a client, and held it was within the review panel’s discretion to impose a five month suspension on the lawyer.

19. February 2019 0
Administrative law – Decisions reviewed – Law Societies – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Conflict of interest – Professional misconduct – Suspension Strother v. Law Society of British Columbia, [2018] BCJ No 6982, 2018 BCCA 481, British Columbia Court of Appeal, ...

Court found the applicant failed to exercise all available remedies available to him under the legislative scheme and dismissed the judicial review accordingly

17. April 2018 0
Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...

Appeal to the Newfoundland and Labrador Supreme Court from a decision of the Eastern Newfoundland Regional Appeal Board upholding the grant of a conditional development permit by the City of Mount Pearl

19. November 2015 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – Planning and zoning – Building permits – Judicial review – Jurisdiction – Conflict of interest – Bias – Failure to provide reasons Faulkner v. Newfoundland and Labrador (Eastern Newfoundland Regional Appeal Board), [2015] N.J. No. 301, 2015 NLTD(G) 118, Newfoundland and Labrador ...

The plaintiff’s lawyer had previously represented the defendant Credit Union in small collections matters from 1993-2008. The plaintiff was the CEO of another Credit Union and the lawyer advised both the plaintiff and the other Credit Union with respect to the employment agreement. In 2012, after the plaintiff’s Credit Union had been acquired by the defendant, the lawyer represented him in negotiating his new employment agreement with the defendant. The plaintiff was eventually fired after his previous employer exercised its option to amalgamate with the defendant. The defendant brought a motion to have the lawyer removed as solicitor on record for the plaintiff due to a conflict of interest. The court dismissed the motion on the basis that the amalgamation did not cause the lawyer to be in a conflict of interest against the defendant, and there was no evidence that the lawyer’s previous retainers with the defendant were sufficiently related to the retainer in respect of the wrongful termination action so as to disqualify him from acting for the plaintiff.

24. June 2014 0
Administrative law – Barristers, solicitors, notaries and paralegals – Professional governance and discipline – Solicitor-client privilege – Conflict of interest DeRosa v. Pace Savings & Credit Union Ltd., [2014] O.J. No. 1939, 2014 ONSC 935, Ontario Superior Court of Justice, February 21, 2014, C.J. Brown J. The defendant brought a motion for an order removing ...

A certified management accountant (“Deen”), who had committed professional misconduct, succeeded in reducing a sanction imposed by an appeals tribunal (“Appeals Tribunal”) of the Complaints Inquiry Committee of the Certified Management Accountants of Alberta (“Complaints Inquiry Committee”)

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Certified Management Accountants – Professional governance and discipline – Professional misconduct / conduct unbecoming – Conflict of interest – Disciplinary proceedings – Penalties and suspensions – Judicial review – Appeals – Evidence Deen v. Certified Management Accountants of Alberta (Complaints Inquiry Committee), [2011] A.J. No. 839, 2011 ...

The originating application of the Citizens’ Representative, Newfoundland and Labrador, was struck down for failing to disclose a cause of action where the relief sought was a declaration that the Citizens’ Representative was in a conflict of interest and that there was a reasonable apprehension of bias such that he should be dismissed from his position. His spouse was the CEO of the health authority in respect of which the Citizens’ Representative had received a request to investigate issues around mental health services delivery by that health authority.

27. July 2010 0
Administrative law – Investigations – Ombudsman – Cititzens’ Representative – Conflict of interest – Judicial review – Bias – Compliance with legislation – Jurisdiction of court – Legislative Assembly – Official appointments – Remedies – Certiorari – Practice and procedure – Parties – Standing – No reasonable cause of action Burry v. Newfoundland and Labrador ...

The Court allowed a petition to remove an arbitrator of an underinsured motorist protection arbitration and vacate the rulings and orders made by the arbitrator from the time of his appointment to the present, on the grounds that there existed a reasonable apprehension of bias given that the arbitrator and his law firm had an ongoing contractual and financial relationship with the Insurance Corporation of British Columbia (“ICBC”) who was the Respondent in the arbitration. Although there was evidence that counsel for the Petitioners had some knowledge of the arbitrator or his firm’s previous relationship with ICBC, it was not sufficient to establish waiver.

22. January 2008 0
Administrative law – Insurance Corporation of British Columbia – Mandatory arbitration – Arbitration and award – Conflict of interest – Judicial review – Natural justice – Bias Tepei v. Insurance Corporation of British Columbia, [2007] B.C.J. No. 2516, British Columbia Supreme Court, November 26, 2007, A.F. Cullen J. The Petitioners, passengers in a motor vehicle ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

An appeal by Roeder from the dismissal of his action as an abuse of process was dismissed. There is no cause of action for breach of the rules of procedural fairness. The proper remedy for “process allegations” is judicial review.

24. July 2007 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Conflict of interest – Hearings – Disclosure – Delay – Procedural requirements and fairness – Judicial review – Abuse of process – Appeals – Remedies – Alternative remedies Roeder v. Lang Michener Lawrence & Shaw, [2007] B.C.J. No. 501, British Columbia Court of Appeal, March 14, ...

The Court of Appeal upheld the decision of the Discipline Committee of the Law Society of New Brunswick (the “Committee”) where it found the Appellant guilty of professional misconduct by acting, while in a conflict of interest, as counsel for a married couple who were separating

22. May 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Conflict of interest – Professional misconduct – Disciplinary proceedings – Judicial review – Standard of review – Reasonableness simpliciter O’Toole v. Law Society of New Brunswick, [2007] N.B.J. No. 66, New Brunswick Court of Appeal, March 15, 2007, J.Z. Daigle, A. Deschênes ...