Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: April 28, 2021; amended November 5, 2021

Douglas Bernard Chiasson

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 January 1, 2018 and September 30, 2020, you collected Goods and Services Tax (“GST”) from your clients but failed to promptly remit some or all of $27,515.46 in GST, interest, and penalties, due to the Canada Revenue Agency, contrary to rule 7.1-2 of the Code of Professional Conduct for British Columbia.

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

2.  Between approximately July 1, 2019 and November 30, 2020, you collected British Columbia Provincial Sales Tax (“PST”) from your clients but failed to promptly remit some or all of $22,574.38 in PST, interest, and penalties, due to the provincial government, contrary to rule 7.1-2 of the Code of Professional Conduct for British Columbia.

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

3.  Between approximately January 1, 2017 and January 31, 2019, you made employee payroll source deductions but failed to promptly remit some or all of $8,496.08 in employee payroll source deductions due to the Canada Revenue Agency, contrary to rule 7.1-2 of the Code of Professional Conduct for British Columbia.

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

4.  You failed to notify the Executive Director of the Law Society of British Columbia in writing of the circumstances of one or more of the following unsatisfied monetary judgments against Douglas B. Chiasson Law Corporation and your proposal for satisfying such judgments, contrary to Rule 3-50 of the Law Society Rules:

(a)  Certificate filed in the Federal Court of Canada on October 31, 2019, under File No. ETA-7788-19, for $14,911.85, plus penalty and interest;

(b)  Certificate filed in the Federal Court of Canada on October 31, 2019, under File No. ITA-13582-19, for $12,041.22 plus interest; and

(c)  Certificate filed in the Supreme Court of British Columbia on November 15, 2019, under File No. 19-5117 (Victoria Registry) for $6,505.27.

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

5.  You failed to immediately eliminate or make a written report to the Executive Director of the Law Society of British Columbia of trust shortages greater than $2,500, or both, contrary to Rule 3-74 of the Law Society Rules, in one or more of the following instances:

(a)  shortage in the amount of $3,020.15 as of March 18, 2019;

(b)  shortage in the amount of $4,000 as of April 5, 2019, in connection with client file [number];

(c)  shortage in the amount of $19,782.89 as of May 31, 2019;

(d)  shortage in the amount of $4,294.84 as of June 25, 2019; and

(e)  shortage in the amount of $19,333.54 as of July 12, 2019.

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