Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the President’s Designate on an Application for Joinder


Sebastian Homayoun Nejat

Written submission: November 20 and 26, 2018

President’ s designate: Sarah Westwood

Decision issued: February 21, 2019

Counsel: Kathleen Bradley for the Law Society, Micheal Shirreff for Sebastian Homayoun Nejat

On November 20, 2018, Sebastian Homayoun Nejat brought an application, pursuant to Law Society Rule 4-22, that four citations be joined and heard in one hearing.

The parties agreed that it would be more efficient and less costly for the citations to be heard together. Nejat further suggested that it would be prejudicial not to have the matters heard together, in that not doing so ran the risk of inconsistent outcomes across the four citations, which all shared a common issue.

The legal test that was applied is set out in Robak Industries v. Gardner (2006 BCSC 1628). An analysis of this test indicated that joinder was warranted. Although the citations relate to different alleged conduct and originate from different complainants, the underlying themes are similar, and there is a unifying issue throughout. There will be substantial savings, both in terms of experts’ time and fees, as well as efficiency, in hearing the matters together. Moreover, there is a risk that different panels might ascribe different weight to, or make differing findings regarding, the unifying issue.

The president’ s designate granted the application, determining that joining the citations is neither prejudicial nor unfair to Nejat, and the public interest will be served by an expeditious and efficient disposition of the four citations in one hearing.

2019 LSBC 06 Summary of the Decision on an Application for Joinder