Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on Applications Concerning Anonymous Publication, Sealing Certain Information and Costs

Applicant 11

Submissions received (applications for anonymous publication, sealing certain information and costs): January 16 and 23, 2017

Panel: Bruce LeRose, QC, Chair, Brook Greenberg and Graeme Roberts

Decision issued: March 20, 2017 (2017 LSBC 07)

Counsel: Jean P. Whittow, QC for the Law Society; Garth McAlister for Applicant 11

BACKGROUND

In a decision issued on November 18, 2016, the panel found that Applicant 11 was eligible to be called to the Bar of British Columbia and admitted as a solicitor of the Supreme Court of British Columbia. Both parties subsequently provided additional submissions in writing with respect to costs and to Applicant 11’ s application to have the admission decision published without identifying the applicant.

The parties reached agreement with respect to costs and to publication of the decision without identifying the applicant. They also reached agreement on some, but not all, issues regarding proposed restrictions on the disclosure of certain information relating to the matter. The parties did not agree on whether the Law Society should be permitted to use the confidential information in potential regulatory proceedings arising from the evidence in this matter, and whether other interested parties should be permitted to apply for full disclosure of the confidential information and, if so, whether Applicant 11 should have the right to have notice of and make submissions in response to such an application.

DECISION

Both parties consented and the panel ordered that, if either the admission decision or these reasons are published, they must not identify Applicant 11.

The panel also ordered restrictions on disclosure and use of specific confidential information produced in the course of this matter. Those restrictions do not apply to disclosure within the Law Society and to members of its Discipline and Credentials Committees, or to the extent the Law Society considers such disclosure necessary to investigate any conduct and to pursue any discipline or credentials process.

If the Law Society becomes aware of any application seeking disclosure of any of the confidential information in another Law Society proceeding, it must provide as much notice of the application as reasonably possible to Applicant 11.

The panel ordered Applicant 11 to pay costs of $500.

2017 LSBC 07 Decision on Applications concerning Anonymous Publication, Sealing of Certain Information and costs