Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on Application for Substituted Service


Seanna Michelle McKinley

Kamloops, BC

Called to the Bar: May 25, 2001

Bencher: Steven McKoen

Decision issued: March 13, 2018 (2018 LSBC 11)

Counsel: Alison Kirby for the Law Society

BACKGROUND

A citation was authorized against Seanna Michelle McKinley on January 25, 2018 and issued on February 2, 2018. Pursuant to Rule 4-19 of the Law Society Rules, the citation must be served on McKinley by March 19, 2018. The Law Society has been unsuccessful in serving McKinley despite many attempts since February 2, 2018, including by using the contact information she has on file with the Law Society.

McKinley informed the Law Society that she would not cooperate by advising of a place to serve documents on her or make herself available for personal service. She did inform the Law Society investigator that she was temporarily working at an office in Kamloops.

The Law Society seeks an order for substituted service pursuant to Rule 10-1(2) of the Law Society Rules by:

  • posting the notice or document to McKinley’s member portal on the Law Society’s website,
  • sending a letter by ordinary mail to McKinley care of the office in Kamloops, and
  • sending a letter by ordinary mail to McKinley’s last known business address, in Kamloops.

DECISION

The Bencher concluded that McKinley is willingly not making herself available to receive service, and that it is impractical for the Law Society to continue to seek to serve her in the ordinary course. The Bencher granted the Law Society’s application for an order for substituted service as requested.

2018 LSBC 11 Decision on Application for Substituted Service