Complaints, Lawyer Discipline and Public Hearings

Summary of a Decision of the President on Application for Determination of Preliminary Questions

Hong Guo

Richmond, BC

Written materials: June 15, 2021

Decision issued: June 30, 2021 (2021 LSBC 28)

President: Dean Lawton, QC

Counsel: J. Kenneth McEwan, QC for the Law Society; Craig Jones, QC for Hong Guo

BACKGROUND

Hong Guo applied to the president for the determination of preliminary questions relating to the hearing of five citations. Guo requested the appointment of a single panel to determine three main preliminary questions: whether an order made authorizing the seizure and search of paper files and electronic data located at Guo’s office was unconstitutional, whether a remedy may be granted by the panel and, if so, what the remedy should be. The Law Society sought a direction that the preliminary questions be referred to the hearing panels for the five individual citations.

DECISION

The president referred the preliminary questions to the individual panels hearing the five citations because, in his opinion, doing so will enable the individual panels to have all issues and questions in a full, cohesive record before them and will not be to the prejudice of Guo.

2021 LSBC 28 Decision on Application for Determination of Preliminary Questions