Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the Hearing Panel


George Eric Aleksejev

Burnaby, BC

Called to the bar: July 13, 1982

Hearing date: March 7, 2019

Panel: Tony Wilson, QC, chair; Clarence Bolt; Carol Hickman, QC

Decision issued: September 13, 2019 (2019 LSBC 34)

Counsel: Mandana Namazi for the Law Society, David J. Taylor for George Eric Aleksejev

AGREED FACTS

In acting for the buyer in a real estate transaction, George Eric Aleksejev agreed to an undertaking that he would not attempt to register the transfer documentation until he held in his firm’s trust account sufficient funds that, together with the proceeds of any new mortgage, would allow his firm to complete this transaction in accordance with the contract of purchase and sale.

On the closing date, Aleksejev electronically registered the Form A Transfer for the transaction prior to receiving from the buyers all the funds that he required to allow him to complete the transaction. When counsel for the seller discovered that registration of the Form A Transfer had occurred prior to receipt of all funds necessary to close the transaction, Aleksejev offered to withdraw the Form A Transfer. Later that day, the buyers provided Aleksejev with the funds required.

ADMISSION AND DETERMINATION

Aleksejev admitted, and the panel agreed, that his conduct constitutes professional misconduct. In determining appropriate disciplinary action, the panel considered the importance of undertakings to the legal profession and to public confidence in the legal system and the rule of law. It also considered that, although this was a serious breach, the transaction did close without a loss or delay and that Aleksejev did not gain from the breach.

DISCIPLINARY ACTION

The panel ordered that Aleksejev pay a fine of $7,000.

2019 LSBC 34 Decision of the Hearing Panel