Citation issued: September 8, 2009; amended September 1, 2010; further amended December 4, 2010; further amended august 10, 2012
Robert Collingwood Strother
|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:
2. In or about 1998, you took a personal financial interest in a new client, S Corp., which was a potential commercial competitor of another client, M Corp. (now [number] Canada Inc. and referred to herein as M Corp.) in a business market involving tax shelters related to film production services. You breached your duty of loyalty to M Corp. by failing to do one or more of the following:
i. to provide material disclosure to M Corp. of your financial interest in a potential commercial competitor;
ii. to advise M Corp. that your previous negative legal opinion concerning an amendment to the Income Tax Act should be reconsidered;
iii. to advise M Corp. of a favourable advance tax ruling.
In so doing, you failed to zealously represent M Corp.'s interest, withheld proper, timely and candid legal advice, failed to provide even-handed representation, and/or preferred your personal interest in the success of S Corp. over the interests of M Corp.