Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the the Review Board on an Application for Extension of Time

Leonides Tungohan

Vancouver, BC

Called to the bar: May 1, 2008

Submissions on application for extension of time: June 29, July 6 and 10, 2017

Review board: Gregory Petrisor, Chair, Don Amos, Jeff Campbell, QC, J.S. (Woody) Hayes, Carol Hickman, QC, John Hogg, QC and Linda Michaluk

Decision issued: August 30, 2017 (2017 LSBC 31)

Counsel: Alison Kirby for the Law Society; Leonides Tungohan on his own behalf

BACKGROUND

On December 12, 2016, a review board dismissed Leonides Tungohan’s application for a review of a hearing panel’s decisions on facts, determination and disciplinary action. Tungohan was ordered to pay the fine by March 12, 2017 and costs by December 12, 2017 (2016 LSBC 45). A subsequent decision of the review board clarified that the first quarterly accountant’s report required under the order be submitted by June 29, 2017, and that Tungohan pay costs of $12,119.96 for the review (2017 LSBC 19).

By June 29, 2017, Tungohan had not produced an accountant’s report, but instead on that date submitted to the Law Society a request for “deferment of the enforcement” to pay the fine and costs and the obligation to produce an accountant’s report. The Law Society referred the request to the review board. That request is the “extension of time” currently under consideration.

The review board considered that Tungohan did not apply for an extension of the fine payment until its due date, and did not provide an accountant’s report but instead submitted a request for “deferment” on its due date. The review board found this “an unacceptable pattern of disregard for the professional obligations arising from these proceedings” and noted that “compliance with disciplinary orders is not optional.”

DECISION OF REVIEW BOARD

The review board:

  • dismissed the request to defer the obligation to submit a report by an accountant approved of by the Law Society; and
  • extended the time period for payment of the $3,000 fine and $12,119.26 in costs until December 12, 2017.

Tungohan has appealed the decisions of the review board to the Court of Appeal.

2017 LSBC 31 Decision on an Application for Extension of Time