Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of Hearing Panel

James Peter Young

Osoyoos, BC

Called to the bar: January 11, 1982

Panel: Craig Ferris, QC, chair; Ralston Alexander, QC; and Don Amos

Decision issued: November 28, 2018 (2018 LSBC 34)

Counsel: Kathleen Bradley for the Law Society; James Peter Young on his own behalf

AGREED FACTS

In 2009 James Peter Young became a partner in the firm where he had been an employee for nearly 20 years. The administration of the office was in the hands of his former employer. In 2011 Young became aware of the managing partner’s failure to make required payments of HST, PST and GST remittances. In most instances, bookkeeping staff wrote the cheques but the cheques were not forwarded to the appropriate government agency. Despite being granted some relief from penalties by Canada Revenue Agency, by the fall of 2014 the firm owed in excess of $300,000. By February 2017 the firm was current in its PST, GST and HST obligations.

ADMISSION AND DETERMINATION

Young acknowledged that he should have been more diligent in efforts to ensure that the firm was compliant with its obligations to remit taxes collected from clients. He admitted to professional misconduct and agreed to a proposed disciplinary action of a fine of $2,000.

The panel accepted Young’s conditional admission of professional misconduct and proposed disciplinary action, both of which had been accepted and recommended by the Discipline Committee.

DISCIPLINARY ACTION

The panel ordered that Young pay a fine of $2,000.

2018 LSBC 34 Decision of the Hearing Panel