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

Written submissions: November 14, 2018

Decision issued: November 28, 2018 (2018 LSBC 35)

Counsel: Alison Kirby for the Law Society

BACKGROUND

A citation against Seanna Michelle McKinley was authorized on January 25, 2018 and issued on February 2, 2018. Law Society rules required that it be served on McKinley by March 19, 2018. 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. The Law Society was unsuccessful in serving McKinley, and sought and received an order for substituted service on March 13, 2018.

Despite the order for substituted service, the Law Society, due to a miscalculation of the dates involved, failed to serve the initial citation within the time permitted. The citation was re-authorized on October 18, 2018 and re-issued on October 30, 2018. The Law Society has now applied for another order for substituted service on the same grounds on which such an order was previously granted.

The Bencher found that the evidence continues to support the conclusion that McKinley is willingly not making herself available to receive service, despite being informed that the Law Society has been attempting personal service.

DECISION ON APPLICATION FOR SUBSTITUTED SERVICE

The Bencher granted the Law Society’s application for a second order for substituted service by:

  • posting the notice to McKinley’s member portal on the Law Society’s website;
  • sending a letter by ordinary mail to McKinley, care of a temporary working address she had at one time provided to the Law Society; and
  • sending a letter by ordinary mail to her last known business address.

2018 LSBC 35 Decision on Application for Substituted Service