Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on an Application to Dismiss Review

KEVIN ALEXANDER MCLEAN

Vancouver, BC

Called to the bar: August 27, 2010

Not in good standing: January 1, 2015

Ceased membership: April 10, 2015

Disbarred: June 29, 2015

Application to dismiss the review: February 2, 2017

President’ s designate: Dean Lawton, QC

Decision issued: May 1, 2017 (2017 LSBC 13)

Counsel: Geoffrey Gomery, QC for the Law Society; no one appearing on behalf of Kevin Alexander McLean

BACKGROUND

A citation was issued against Kevin Alexander McLean on October 7, 2014 concerning 10 allegations arising from three matters: McLean’ s representation of two tenants in a dispute with a landlord regarding a bill of costs; a defamation action commenced by McLean against the landlord; and McLean’ s conduct in relation to the Law Society. The hearing panel found that McLean committed professional misconduct with respect to the 10 allegations (2015 LSBC 39). The panel ordered that McLean be disbarred and pay costs of $12,165.78. On June 29, 2015, a separate discipline hearing panel, ruling on a matter pertaining to an unrelated citation, had ordered that McLean be disbarred on the basis of ungovernability (2016 LSBC 06; Summer 2016 Discipline digest).

Mclean delivered a notice of review under s. 47 of the Legal Profession Act on March 11, 2016. He took no further steps to advance the review.

DECISION ON APPLICATION TO DISMISS THE REVIEW

The Law Society applied for an order dismissing the review under Law Society Rule 5-28. The president’ s designate determined that McLean had taken no steps to advance the review and his unexplained delay amounted to inordinate delay.

The president’ s designate determined it was in the public interest to dismiss the review and it was not unfair to Mclean to do so. The review was dismissed.

2017 LSBC 13 Decision on an Application to Dismiss the Review