Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on a Motion to Dismiss the Citation

Gerhardus Albertus Pyper

Surrey, BC

Called to the bar: December 9, 2002

Decision issued: November 10, 2017 (2017 LSBC 41)

Panel: Dean Lawton, QC, Chair; Hayden Acheson; Richard Lindsay, QC

Counsel: Carolyn Gulabsingh for the Law Society, Gerhardus Albertus Pyper on his own behalf

BACKGROUND

A citation was issued on March 23, 2015. At the November 6, 2015 hearing of that citation Gerhardus Albertus Pyper submitted a notice of motion seeking an order that the citation be dismissed or stayed. On January 25, 2016, the panel adjourned the hearing of the motion, pending an appeal to the Court of Appeal by Pyper in connection with another citation and a motion to dismiss that citation. In oral reasons issued March 3, 2017, the Court of Appeal dismissed Pyper’ s appeal, finding that Pyper’ s objection was a collateral attack upon the suspension, that there was no merit to the allegation of bias, and that the Law Society had the jurisdiction to proceed with the citation. On July 31, 2017, another discipline panel confirmed it was the third panel to hear a very similar jurisdictional challenge from Pyper (2017 LSBC 27).

DECISION ON MOTION TO DISMISS THE CITATION

The panel concluded that Pyper’ s motion is a vehicle through which he was attempting to re-litigate his allegations of institutional bias against the Law Society and lack of jurisdiction in the panel to hear the citation, and that Pyper’ s motion was an abuse of process. The panel dismissed the motion.

2017 LSBC 41 Decision on a Motion to Dismiss the Citation