The applicant lawyer unsuccessfully applied to have his license to practice reinstated. The applicant then unsuccessfully applied for judicial review of the respondent Law Society’s decision to refuse reinstatement.

26. August 2014 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Professional misconduct / conduct unbecoming – Penalties and suspensions – Disbarment – Restoration of membership – Judicial review – Standard of review – Reasonableness simpliciter Anhang v Law Society of Manitoba, [2014] M.J. No. 196, 2014 MBQB 140, Manitoba Court ...

The Court of Appeal upheld the decision of the Law Society of British Columbia to disbar a Member for the improper withdrawal of client funds from Trust Accounts. The Court held that disbarment is a remedy available to the Law Society for the deliberate misappropriation of trust fund monies except in highly unusual circumstances.

27. November 2007 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Penalties – Disbarment – Public interest – Judicial review – Standard of review – Patent unreasonableness McGuire v. Law Society of British Columbia, [2007] B.C.J. No. 2161, British Columbia Court of Appeal, September 7, 2007, M.A. Rowles, ...

Following a finding of professional misconduct, a Hearing Panel of the Law Society of Upper Canada (“LSUC”) ordered that the former member be disbarred. The LSUC Appeal Panel set aside the penalty order and substituted its penalty that the former member receive ongoing medical treatment, file medical reports, and practice law only as an employee of an approved member of the LSUC. On appeal by the LSUC, the Court found that the Appeal Panel stepped out of its proper role as a “first review tribunal” and erroneously took on a trial de novo role and proceeded as an initial hearing panel. The Court set aside the penalty imposed by the Appeal Panel and reinstated the Hearing Panel’s penalty of disbarment.

27. December 2005 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Penalties – Disbarment – Decisions of administrative tribunals – Law Societies – Appeal process – Fresh evidence – Admissibility – Jurisdiction – Procedural requirements and fairness Law Society of Upper Canada v. Crozier, [2005] O.J. No. 4520, Ontario Superior Court of Justice, October 24, 2005, J.G.J. O’Driscoll, ...

Ewachniuk appealed a decision of a hearing panel of the Respondent Law Society of British Columbia that had found him guilty of professional misconduct in “attempting to intimidate” and in “actually intimidating” two witnesses from giving evidence at trial and in requesting Crown counsel lay charges against the same witnesses “for the purpose of preventing them from coming to Canada to give evidence in court”. The hearing panel further found that Ewachniuk must be disbarred as a result of misconduct and ordered him to pay the costs of the hearing. All grounds of appeal were dismissed.

22. July 2003 0
Administrative law – Judicial review – Administrative decisions – Standard of review – Unreasonableness – Delay – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Penalties – Disbarment – Costs Ewachniuk v. Law Society of British Columbia, [2003] B.C.J. No. 823, British Columbia Court of Appeal, April 15, 2003, Newbury, Huddart and Saunders JJ.A. A ...

The Law Society of New Brunswick succeeded on its appeal in having the findings of the Court of Appeal set aside and the sanction of disbarment of a lawyer who had been found to have committed professional misconduct reinstated

27. May 2003 0
Administrative law – Barristers and solicitors – Disciplinary proceedings – Disbarment – Boards and tribunals – Judicial review – Standard of review – Reasonableness simpliciter Law Society of New Brunswick v. Ryan, [2003] S.C.J. No. 17, Supreme Court of Canada, April 3, 2003, McLachlin C.J. and Iacobucci, Major, Binnie, Arbour, LeBel and Deschamps JJ. The respondent, Mr. ...