Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on Costs

Pamela Suzanne Boles

Vancouver, BC

Called to the bar: November 17, 1989

Panel: Bruce LeRose, QC, chair; Ralston Alexander, QC

Written submissions: April 24, May 14 and June 24, 2018

Decision issued: August 23, 2018 (2018 LSBC 24)

Counsel: Mark D. Andrews, QC, and Gavin Cameron for the Law Society; Richard C. Gibbs, QC, for Pamela Suzanne Boles

BACKGROUND

The Law Society did not seek payment of costs from Pamela Suzanne Boles and argued that, in reference to ordering costs against the Law Society, Rule 5-11(8) of the Law Society Rules confines panels to several specific circumstances not found in this hearing.

Counsel for Boles argued that a literal reading of the Rules regarding costs against the Law Society "cannot be right; it cannot be what the Benchers meant in passing the costs rule.” Counsel for Boles argued that a departure from the most recently published tariff of costs was appropriate and concluded that Boles was entitled to $250,000 in costs.

DECISION

The panel considered that Law Society Rules clearly state that costs may be awarded against the Law Society only in circumstances where a citation is dismissed or rescinded. Since the Law Society did not seek costs, and the citation in this matter was neither dismissed nor rescinded, neither party is responsible for, nor entitled to recover costs.

2018 LSBC 24 Decision of the Hearing Panel on Costs