Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the Hearing Panel on Application to Amend Decision

Malcolm Hassan Zoraik

Called to the bar: November 16, 2001

Voluntary withdrawal of membership: February 2, 2015

Submissions: April 22, 2018; May 23 and 25, 2018; June 14, 2018

Panel: Sandra Weafer, Chair, and Satwinder Bains

Decision issued: July 3, 2018 (2018 LSBC 18)

Counsel: Jaia Rai for the Law Society; Russell Tretiak, QC, for Malcolm Hassan Zoraik

BACKGROUND

At the end of the hearing on disciplinary action, counsel for Malcolm Hassan Zoraik asked the panel not to refer to Zoraik’s son by name in its decision. The April 20 decision (2018 LSBC 13) does not refer to the son by name.

After the hearing panel issued its decision, Zoraik requested that the decision be amended to delete all references to his wife and son.

The general rule is that, once a formal decision had been drawn up, issued and entered, the matter cannot be reopened unless either there was a slip in drawing it up, or there was an error in expressing the manifest intention of the decision-maker.

The panel’s written decision reflects not only the intention of the hearing panel, but also the request that was made at the hearing.

DECISION

The panel is functus officio and has no authority to change the decision to consider requests that were not made at the hearing.

2018 LSBC 18 Decision on Application to Amend Decision