Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: May 20, 2020

Amarjit Singh Dhindsa

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.  Between approximately July 2015 and May 2016, you acted in a conflict of interest when you acted for two or more of your clients AA, BB, CC, DD, [first numbered] B.C. Ltd., S Ltd., K Ltd., EE, D Ltd., FF, GG and B Ltd., in connection with the purchase of three development properties in the Fraser Valley, British Columbia (the “E Property” and the two “C Properties”), contrary to rule 2.1-3 and section 3.4 of the Code of Professional Conduct for British Columbia, and in particular, you did one or more of the following:

(a)  acted for AA and [first numbered] B.C. Ltd. in connection with an assignment of AA’s right to purchase the E Property to [first numbered] B.C. Ltd.;

(b)  acted for DD, S Ltd. and K Ltd. in connection with a declaration of trust by S Ltd. and K Ltd. in favour of DD;

(c)  acted for S Ltd. and K Ltd. in connection with a declaration of trust by S Ltd. and K Ltd. in your own favour;

(d)  acted for AA and [first numbered] B.C. Ltd. in connection with a loan from [first numbered] B.C. Ltd. to AA relating to the E Property;

(e)  acted for D Ltd., a company in which you had a personal interest, [first numbered] B.C. Ltd., CC and BB in connection with a loan from D Ltd. to [first numbered] B.C. Ltd., CC and BB to purchase the E Property;

(f)  acted for B Ltd., [first numbered] B.C. Ltd., CC and BB in connection with a loan from B Ltd. to [first numbered] B.C. Ltd., CC and BB to purchase the E Property;

(g)  acted for DD, his spouse and B Ltd. in connection with a loan from B Ltd. to DD and his spouse to purchase the E Property;

(h)  loaned $23,699.46 to CC, BB or [first numbered] B.C. Ltd. in connection with the purchase of the E Property;

(i)  acted for EE and [first numbered] B.C. Ltd., in connection with a loan from EE to [first numbered] B.C. Ltd to purchase the C Properties;

(j)  preferred the interests of AA over those of [first numbered] B.C. Ltd. in connection with the assignments of AA’s right to purchase the E Property and C Properties;

(k)  failed to comply with instructions from the directors of [first numbered] B.C. Ltd. to change the registered and records office and cease acting as solicitor for [number] B.C. Ltd.

(l)  backdated the central securities register of [first numbered] B.C. Ltd. to show DD as shareholder as of the date of incorporation;

(m)  preferred the interests of FF, GG and B Ltd. over those of CC, BB, S Ltd. and K Ltd. in connection with the sale of the shares in [first numbered] B.C. Ltd. to [second numbered] B.C. Ltd. and [third numbered] B.C. Ltd.; and

(n) continued to act for FF, GG, B Ltd. and [first numbered] B.C. Ltd. after a conflict arose between CC, BB, S Ltd., K Ltd., FF, GG and B Ltd.

This conduct constitutes professional misconduct, pursuant to section 38(4) of the Legal Profession Act.

2.  Between approximately July 2015 and May 2016, you provided legal services for one or more of your clients AA, BB, CC, DD, EE, [first numbered] B.C. Ltd., S Ltd., K Ltd., FF, GG and B Ltd., in connection with the purchase and development of four properties in the Fraser Valley, British Columbia, when you or D Ltd., had a direct or indirect financial interest in the transaction, contrary to one or more of rules 2.1-3, 3.4-28, 3.4-29 and 3.4-34 of the Code of Professional Conduct for British Columbia.

 

This conduct constitutes professional misconduct, pursuant to section 38(4) of the Legal Profession Act.