Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on an Application to Amend Decision

Sumit Ahuja

Vancouver, BC

Called to the bar: April 15, 2011

Written submissions: November 29 and December 9, 2017

Panel: Herman Van Ommen, QC, Dennis Day and Gilliam Dougans

Decision issued: February 21, 2018 (2018 LSBC 08)

Counsel: Carolyn Gulabsingh for the Law Society; Henry Wood, QC for Sumit Ahuja

BACKGROUND

This is a decision regarding an application to amend the hearing panel’ s written decision on Facts, Determination and Disciplinary Action (2017 LSBC 39). Sumit Ahuja argued that paragraphs 55 and 66 made findings that are critical of his integrity and were unfair.

The original citation was issued on November 9, 2016. It was amended after negotiation and agreement by both parties and the Law Society removed the allegations of integrity offences.

Ahuja said the panel is precluded from making findings about his integrity due to the agreement to remove the integrity allegations. The Law Society’ s position was that the removal of integrity allegations from the citation did not mean all integrity concerns had been removed.

DECISION

The panel found the agreement to remove allegations from the original citation did not prevent the panel from commenting on Ahuja’ s integrity, credibility or lack of candour. It also determined the original hearing panel is functus officio, and to hold otherwise would be to invite the parties to review a draft and make submissions before a final version of the decision is released to the public. That is not a process available to the parties.

The application is dismissed.

2018 LSBC 08 Decision on an Application to Amend Decision