Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: May 12, 2020

Suneil Kyle Sangha

Citations are authorized by the Law Society of BC's Discipline Committee and list allegations against a lawyer that will be considered at a discipline hearing. Please note that allegations in a citation are unproven until a discipline hearing panel has determined their validity.

Nature of conduct to be inquired into:

1.  In approximately February 2017, in the course of acting for your client, JN in connection with the purchase of a residential development unit, you failed to provide your client with the quality of service required of a competent lawyer, contrary to rules 3.1-2 and 3.2-1 of the Code of Professional Conduct for British Columbia, by doing one or more of the following:

(a)  failing to acquire the necessary knowledge of the substantive law relating to the marketing of residential development units (the “Regulatory Requirements”) and the practices and procedures by which the Regulatory Requirements are properly applied;

(b)  failing to ensure that your client had been provided with a copy of a disclosure statement that complied with the Regulatory Requirements;

(c)  failing to ensure that the deposit was paid out to the developer or its trustee in compliance with the Regulatory Requirements;

(d)  failing to ensure that your client was aware of his rights regarding the holding of deposits under the Real Estate Development Marketing Act, SBC 2004, c. 41;

(e)  failing to adequately explain the risks associated with the purchase of a residential development unit to your client;

(f)  failing to perform a title search; and

(g)  failing to perform a corporate search.

This conduct constitutes professional misconduct or incompetent performance of duties undertaken in the capacity of a lawyer, pursuant to s. 38(4) of the Legal Profession Act.

2.  On or about February 10, 2017, you received trust funds of $500.00 in cash on behalf of your client JN, and you failed to do one or more of the following:

(a)  make a receipt in a cash receipt book for the cash received as required by Rule 3-70 of the Law Society Rules (the “Rules”);

(b)  deposit the trust funds into a pooled trust account as required by Rule 3-58 of the Rules;

(c)  record the receipt of the cash as required by Rule 3-72(1) of the Rules; and

(d)  issue a bill or receipt to your client as required by Rule 3-72(3) of the Rules.

This conduct constitutes professional misconduct or a breach of the Act or rules, pursuant to s. 38(4) of the Legal Profession Act.