Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the Chambers Bencher

Gary Russell Vlug

Vancouver, BC

Called to the bar: August 28, 1992

Pre-Review Conference Date: December 29, 2017

Bencher: Jeff Campbell, QC

Decision issued: January 10, 2018 (2018 LSBC 01)

Counsel: Henry Wood, QC, for the Law Society; Gary Russell Vlug on his own behalf

BACKGROUND

The hearing panel found Gary Russell Vlug had committed professional misconduct (2014 LSBC 09). A subsequent s. 47 review upheld some of the review’ s findings and set aside others (2015 LSBC 58). A subsequent Court of Appeal decision remitted the matter to the Review Board for a new s. 47 hearing.

Prior to the review, Vlug filed application to admit fresh evidence, objected to an affidavit filed by the Law Society and sought to cross-examine the person who swore the affidavit.

DECISION OF THE CHAMBERS BENCHER

The admissibility of the evidence at issue is within the discretion of the Review Board, and it would not be appropriate for a Bencher at a pre-review conference to make a ruling regarding the admissibility of fresh evidence, including the affidavit tendered by the Law Society. Whether to permit cross-examination should also be determined by the Review Board. Any further material with respect to fresh evidence application should be provided in advance of the s. 47 hearing.

2018 LSBC 01 Decision of the Chambers Bencher