Complaints, Lawyer Discipline and Public Hearings

Summary of Facts and Determination, Disciplinary Action and Costs Decision

Meilssa Ann Daniels

Victoria, BC
Called to the bar: May 29, 2014
Ceased membership for non-payment of fees: January 1, 2016
Hearing date: January 27, 2016
Panel: Nancy Merrill, QC, Chair; Lance Ollenberger; Donald Silversides, QC
Decision issued: May 27, 2016 (2016 LSBC 17)
Counsel: Kieron Grady for the Law Society; no one on behalf of Melissa Ann Daniels

FACTS

On April 10, 2015, the Law Society sent a letter to Melissa Ann Daniels, by email, asking for a written response to three questions relating to a complaint made against her.

Despite repeated requests from the Law Society and multiple deadline extensions, by the date of the hearing Daniels had only responded with two emails, neither of which provided any response to the Law Society regarding the complaint or the three issues she was asked to address in the letter of April 10, 2015.

DETERMINATION

Daniels did not attend the hearing; the hearing panel determined that she had been properly served and proceeded in her absence.

The panel found that Daniels failed to cooperate fully with the investigation of the complaint or to respond fully or substantively to the Law Society’ s request for an explanation or to provide information and that, by failing to do so, Daniels breached the Rules. This failure to respond and provide information was a marked departure from the standard of conduct the Law Society expects of lawyers, and it therefore constituted professional misconduct.

DISCIPLINARY ACTION

The panel ordered that Daniels pay:

  • a fine of $2,500; and
  • costs of $1,236.25.

 

2016 LSBC 17 Decision on Facts, Determination, Disciplinary Action and Costs