Summary of Decision on Application for Stay


Ian David Reith

Whistler, BC

Called to the bar: May 19, 1989

Application for a stay of an order to pay a fine: August 30 and September 23, 2016 submissions

Decision issued: September 30, 2016 (2016 LSBC 34)

President’ s designate: Herman Van Ommen, QC

Counsel: Mark Bussanich for the Law Society; Ian David Reith on his own behalf

BACKGROUND

Ian David Reith admitted, and a hearing panel accepted, that he had committed professional misconduct by failing to provide a quality of service that would be expected of a competent lawyer. The panel ordered Reith to pay a fine of $7,500 by November 30, 2016 and costs of $5,636.25 (2016 LSBC 19; Fall 2016 discipline digest). Reith filed a notice of review and applied for a stay of the payment of the fine.

DECISION ON APPLICATION FOR STAY

A three-part test as set out in RJR MacDonald Inc. v. Canada (Attorney General), [1994] 1 SCR 311, had to be satisfied, namely:

  • the review must not be frivolous or vexatious;
  • the applicant must show that she will suffer irreparable harm if the stay is not granted; and
  • the granting of the stay must not put the public at risk.The application for a stay was refused.

The Law Society conceded that the review sought was neither vexatious nor frivolous, but there was no evidence that not granting the stay would cause irreparable harm. Although it was not strictly necessary to consider the balance of convenience, the President’ s designate noted that, in the absence of irreparable harm there is a public interest in not deferring discipline.

2016 LSBC 34 Decision on Application for Stay of an Order to Pay a Fine