Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on Disciplinary Action


Wade Cameron MacGregor

Terrace, BC

Called to the bar: May 18, 1990

Discipline hearing: March 8, 2019

Panel: Steven McKoen, QC (chair); John Lane; Lindsay R. LeBlanc

Decision issued: July 22, 2019 (2019 LSBC 26)

Counsel: Tara McPhail for the Law Society; Wade Cameron MacGregor on his own behalf

BACKGROUND

Wade Cameron MacGregor was found to have committed professional misconduct by counselling his client to breach the terms of a separation agreement that were enforceable as if they were a court order (2018 LSBC 39).

In determining suitable disciplinary action, the panel considered that it is the duty of all lawyers in BC to uphold the orders of our courts and not counsel clients to intentionally breach those orders. However, it found that MacGregor did not deliberately and knowingly breach his obligations, but rather had an honest but mistaken belief about his professional obligations respecting separation agreements that are enforceable as court orders that resulted in professional misconduct by counselling his client to withhold support payments in these circumstances. The panel also considered a number of factors, including the lack of guidance from precedent discipline cases, the need to recognise the public interest in the enhanced enforceability of separation agreements, the effect on the person to whom payments were owed under the separation agreement and MacGregor’s past conduct record as well as his forthright and transparent conduct in this matter.

DISCIPLINARY ACTION

The hearing panel ordered that MacGregor:

  • be suspended from the practice of law for 15 days, commencing August 1, 2019, or on an earlier date agreed to by the Law Society and MacGregor; and
  • pay costs of $6,954.73.

2019 LSBC 26 Decision on Disciplinary Action - Notice of Review filed