Citation issued: october 9, 2014

Ian David Reith

Citations are authorized by the Law Society of BC's Discipline Committee and list allegations against a lawyer that 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. On or about January 27, 2011, in the course of providing legal services in connection with the transfer of a fractional interest in a time-share property located in Whistler, British Columbia, you engaged in dishonourable or questionable conduct that casts doubt on your professional integrity or competence or reflects adversely on the integrity of the legal profession or the administration of justice contrary to Chapter 2, Rule 1 of the Professional Conduct Handbook then in force, by filing, or causing to be filed at the New Westminster Land Title Office:

(a) a Form A Freehold Transfer transferring, or purporting to transfer, a fractional interest in the property from J Ltd. to KJ;

(b) a Form C General Instrument surrendering, or purporting to surrender to W Corp. a sublease of the property granted to J Ltd.; and,

(c) a Form C General Instrument granting, or purporting to grant to KJ, a sublease of the property by W Corp.,

when you believed that J Ltd. no longer had the capacity to transfer the property or surrender its sublease.

This conduct constitutes professional misconduct, pursuant to section 38(4) of the Legal Profession Act.

2. Between January 2010 and March 2011, in the course of providing legal services in connection with the transfer of a fractional interest in a time-share property located in Whistler, British Columbia, you failed to serve your client(s) in a conscientious, diligent and efficient manner so as to provide a quality of service at least equal to that which would be expected of a competent lawyer in a similar situation, contrary to Chapter 3, Rules 3 and 5 of the Professional Conduct Handbook then in force, by failing to do one or more of the following:

(a) properly consider, determine or understand who your client(s) were;

(b) take reasonable steps to determine whether J Ltd. had the capacity to transfer or surrender interests in the property;

(c) take reasonable steps to determine whether KJ had the authority to sign documents on behalf of J Ltd.,

(d) take reasonable steps to determine whether SC had the authority to provide instructions on behalf of KJ or J Ltd., prior to acting on his instructions.

This conduct constitutes professional misconduct, pursuant to section 38(4) of the Legal Profession Act.

3. Between January 2010 and March 2011, you acted in a conflict of interest when you acted for two or more of KJ, J Ltd., PD, SC and W Corp. in connection with the transfer of a fractional interest in a time-share property located in Whistler, British Columbia, contrary to one or more of Chapter 1, Rule 3(2), Chapter 6, Rules 1 and 10, and Appendix 3, Rules 2 and 2.1 of the Professional Conduct Handbook then in force.

This conduct constitutes professional misconduct or incompetent performance of duties, pursuant to section 38(4) of the Legal Profession Act.

4. In the alternative to paragraph 3, between January 2010 and March 2011, in the course of representing one or more of KJ, J Ltd., PD, SC and W Corp. in connection with the transfer of a fractional interest in a time-share property located in Whistler, British Columbia, you failed to advise your client(s) and the remaining unrepresented parties that you were not protecting the interests of the unrepresented parties, contrary to Chapter 4, Rule 1 of the Professional Conduct Handbook then in force.

This conduct constitutes professional misconduct or incompetent performance of duties, pursuant to section 38(4) of the Legal Profession Act.

5. On or about May 5, 2011, you withdrew from your trust account some or all of the $556.85 retainer you received from KJ in connection with a real estate matter, purportedly in payment of your fees without first preparing a bill and immediately delivering the bill to your client, contrary to Rule 3-56 and Rule 3-57(2) of the Law Society Rules.

This conduct constitutes a breach of the Act or rules or professional misconduct, pursuant to section 38(4) of the Legal Profession Act.