Summary of Decision of the President’s Designate on an Application to Dismiss the Review


Kevin Alexander McLean

Vancouver, BC

Called to the bar: August 27, 2010

Not in good standing: January 1, 2015

Ceased membership: April 10, 2015

Disbarred: June 29, 2015

Application to dismiss the review: July 15, 2016

President’s designate: Dean Lawton

Decision issued: September 27, 2016 (2016 LSBC 33)

Counsel: Geoffrey Gomery, QC, for the Law Society; no one appearing on behalf of Kevin Alexander McLean

BACKGROUND

A hearing panel determined that Kevin Alexander McLean had committed professional misconduct in respect several allegations arising from his failure to cooperate with the Law Society on investigations into his conduct (2015 LSBC 09).

At a hearing into disciplinary action at which the Law Society sought a finding of ungovernability, the panel considered McLean’s extensive and serious professional conduct record, which consisted of numerous citations and a suspension. McLean demonstrated a persistent and wanton disregard for the Law Society’s regulatory process. The panel determined that McLean was ungovernable by the Law Society and ordered that he be disbarred (2015 LSBC 30; Fall 2015 discipline digest).

Following the decision on disciplinary action, on July 27, 2015, McLean delivered a notice of review. He subsequently took no steps to advance the review proceeding.

A pre-review conference was conducted. McLean did not attend and no one appeared on his behalf.

Counsel for the Law Society addressed a letter dated July 15, 2016 to the President of the Law Society and to McLean applying for an order dismissing the review. The President named a designate to make a determination on the dismissal application.

DECISION ON APPLICATION TO DISMISS THE REVIEW

The President’s designate found that McLean’s failure to take any steps in 14 months amounted to inordinate delay given other facts in the case, including his failure to attend both the hearing of the citation and the hearing on disciplinary action following the findings of professional misconduct against him, and his failure to attend the pre-review conference.

The President’s designate granted the dismissal application, and the review was dismissed.

2016 LSBC 33 Decision on an Application to Dismiss the Review