Summary of Rule 4-59 - Administrative Penalty
Donald L. Wilkinson
Location: Kelowna, BC
Called to the bar: May 19, 1995
Penalty deemed to be admitted: March 6, 2023
FACTS
On January 25, 2023, an administrative penalty was assessed against Donald L. Wilkinson for $5,000.
The administrative penalty resulted from a breach of Law Society Rules 3-102 and 3-104. Rule 3-102 requires a lawyer to verify the identity of instructing clients for any file where the lawyer provides legal services in respect of a financial transaction. Rule 3-104 sets out the verification requirements for a client who is not physically present before the lawyer.
In this case, Wilkinson represented a corporate client and its instructing individual in the purchase of real property. Wilkinson breached the rules by providing the client with legal services in respect of a financial transaction, and failing to enter into written agreements with an agent to verify the identity of the client, who was not located in Canada and who Wilkinson did not meet in person.
Wilkinson paid a portion of the penalty on March 6, 2023, and has therefore been deemed to admit the above breach per Rule 4-59(5)(a).