Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the President’s Designate on an Application to Adjourn and for Production of Documents

Troy John Dungate and Trevor Scott Dungate

Prince George, BC

Hearing date: February 23, 2021

Decision issued: March 9, 2021 (2021 LSBC 10)

President’ s designate: Michael F. Welsh, QC

Counsel: Michael D. Shirreff and Jessie I. Meikle-Kahs for the Law Society; Troy John Dungate and Trevor Scott Dungate appearing on their own behalf.

BACKGROUND

Troy John Dungate and Trevor Scott Dungate are respondents to a joint citation. They practise law together and have applied to adjourn the facts and determination hearing and for an order that the Law Society produce documents under an order of the president. The president previously ordered the Law Society to produce three investigation files.

Dungate and Dungate objected because, in their view, the president’ s order did not provide for the Law Society to redact its files. The Law Society advised that the 10 redactions were to protect privacy or other investigations. Dungate and Dungate renewed their application to request immediate compliance of the president’ s order, a list of all redacted documents and an explanation for redaction, the names and contact information and “ will-say” statements of any Law Society witnesses and a copy of the statements, a copy of every document the Law Society intends to tender in evidence and a summary of any other relevant evidence in the Law Society’ s possession. They also sought another pre-hearing conference.

DECISION

The president’ s designate ordered an adjournment of the facts and determination hearing and a further pre-hearing conference to address the following: admissions, the status and potential of any notices to admit, witnesses and the length of the facts and determination hearing and prospective hearing dates. He also ordered the Law Society to provide a list of all redactions and reasons for those redactions, a list of its intended witnesses, a list of all documents on which the Law Society intends to rely and a list of any legal authorities on which the Law Society presently relies. He also directed Dungate and Dungate to provide reasonable notice to the Law Society of any legal authorities on which they rely. The parties were required to cooperate in advance of the prehearing conference in determining potential hearing dates. 

2021 LSBC 10 Decision on an Application to Adjourn and for Production of Documents