2004 LSBC 41
Report issued: November 3, 2004
Oral Reasons: October 29, 2004
Citation issued: April 21, 2004
The Law Society of British Columbia
In the matter of the Legal Profession Act, SBC 1998, c.9
and a hearing concerning
JAMES DOUGLAS HALL
Respondent
Decision of the Hearing Panel
on Penalty
Hearing date: October 29, 2004
Panel: G. Glen Ridgway, Q.C., Chair, Robert Gourlay, Q.C., Bruce A. LeRose
Counsel for the Law Society: Todd R. Follett
Counsel for the Respondent: James D. Hall
[1] This is the determination of penalty arising out of the citation issued April 21, 2004, that the Respondent had breached an undertaking as set out in his letter of August 27, 1998, to the District of Langford.
[2] The Panel would like again to stress the importance of undertakings. We confirm the position of the Law Society that an undertaking to a citizen is as sanctified as that given to a member of the Law Society.
[3] We note that the Respondent has already been suspended with respect to events flowing from the breach of the undertaking. And that was referred to in Tab 4 of Exhibit 1.
[4] The Respondent today has acknowledged his faults completely with respect to that. We note Mr. Follett's comments, on behalf of the Law Society, with respect to the inadvertent nature of that breach of undertaking. Accordingly, the decision of the Panel is that the Respondent:
(a) be reprimanded;
(b) pay a fine of $5,000, on or before September 1, 2005; and
(c) pay costs of the proceedings in the amount of $4,332.61, on or before September 1, 2005.
[5] The Panel would like to stress to the Respondent that in future he should pay attention to anything coming from the Law Society, and deal with them promptly.