Citation issued:  May 11, 2007

Vivian Chiang

Citations are issued by the Law Society of BC's Discipline Committee and list allegations against a lawyer which will be considered at a discipline hearing. Please note that allegations in a citation are unproven until a discipline hearing panel has determined their validity.

Nature of conduct to be inquired into:

1. Your conduct on March 11, 2005, when you appeared before Madam Justice Gill in Supreme Court Chambers in Vancouver Registry Action No. S051013 on behalf of F.S.F. Inc. in respect of its Notice of Motion dated March 11, 2005, and did not inform her that you were appearing as counsel or were a member of the Law Society of British Columbia, which omission was contrary to your duty as an officer of the court, or may or did have the effect of misleading the court, or both.

2. Your conduct on March 15, 2005, when you appeared before Madam Justice Smith in Supreme Court Chambers in Vancouver Registry Action No. S051013 on behalf of F.S.F. Inc. in respect of its Notice of Motion dated March 11, 2005 and did not inform her that on March 11, 2005 short leave had been granted only with respect to the claim for injunctive relief, and further made submissions with respect to all three claims for relief set out in the Notice of Motion, contrary to the leave granted by Madam Justice Gill on March 11, 2005. This conduct was contrary to your duty as an officer of the court, or may or did have the effect of misleading the court, or both.

3. Your conduct on June 15, 2005, when you filed a praecipe in Court of Appeal Action No. CA032912 to adjourn an application on behalf of your client F.S.F. Inc., when you had asked for, but did not have consent of counsel for the respondents, to such an adjournment.

4. Your conduct on June 16, 2005, when you appeared in Supreme Court Chambers in Vancouver Registry Action No. S051013 on behalf of F.S.F. Inc. and advised the court that Brook Greenberg, counsel for one of the defendants, had consented to an adjournment, when he had not, which may or did have the effect of misleading the court.