Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the President’s Designate on an Application to Dismiss the Review

Kevin Alexander McLean

Vancouver, BC

Called to the bar: August 27, 2010

Not in good standing: January 1, 2015

Ceased membership: April 10, 2015

Disbarred: June 29, 2015

Written submissions: June 21, 2018

Decision issued: September 26, 2018 (2018 LSBC 29)

President’ s designate: Sarah Westwood

Counsel: Alison Kirby for the Law Society; no one appearing on behalf of Kevin Alexander McLean

BACKGROUND

A citation was issued against Kevin Alexander McLean in November 2013, and the hearing panel issued a decision on facts and determination in January 2015. McLean filed a notice of review regarding that decision. After McLean did not respond to a request for written submissions for a pre-review conference and did not attend the conference, the review was quashed.

A decision on disciplinary action was issued in November 2015, ordering that McLean pay a fine of $10,000 and costs of $15,912.50. McLean paid neither the fine nor costs within the prescribed period. In September 2017 McLean delivered a notice of review regarding the decision on disciplinary action. Law Society counsel responded that the 30-day limit on review had expired, and McLean would have to apply for an extended time limit. Counsel also reminded McLean that he was required to file the hearing record within 60 days. The hearing administrator confirmed those requirements the next day. Having heard nothing from McLean, in June 2018 the Law Society applied for an order dismissing the review.

DECISION ON APPLICATION TO DISMISS THE REVIEW

In considering the request to dismiss the review, the president’ s designate considered that this was the third time discipline counsel has applied to have a review brought by McLean dismissed on the basis of inaction. The president’ s designate was satisfied that it is in the public interest to dismiss the review and that it is not unfair to McLean to do so.

The review is dismissed.

2018 LSBC 29 Decision on an Application to Dismiss the Review