Summary of Decision on Application for Disclosure of the Circumstances


DONALD FRANKLIN GURNEY

West Vancouver, BC

Called to the bar: May 15, 1968

Decision issued: November 23, 2016 (2016 LSBC 39)

President’s designate: Nancy Merrill, QC

Counsel: Alison Kirby for the Law Society; Paul Jaffe for Donald Franklin Gurney

BACKGROUND

On September 30, 2016 Donald Franklin Gurney brought an application for disclosure of the details of the misconduct alleged in a citation that was issued following a compliance audit. The President’s designate found that, to order the Law Society to disclose further details of the circumstances, she had to be satisfied that the citation did not provide enough detail of the circumstances of the alleged misconduct to give Gurney reasonable information about the act or omission to be proven and to identify the transaction referred to.

The President’s designate was satisfied that the allegations contained in the citation, together with a letter from counsel for the Law Society dated June 29, 2016, and a Notice to Admit dated July 20, 2016, provided Gurney with sufficient details of the circumstances of the alleged misconduct and reasonable information about the act or omission to be proven and to identify the transaction referred to.

DECISION ON APPLICATION FOR DISCLOSURE

The President’s designate dismissed the application for particulars.

2016 LSBC 39 Decision on an Application for Disclosure of the Circumstances