Citation issued: november 10, 2014

tracey lynn jackson 

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. Between approximately August 2012 and November 2012, in the course of preparing for an ex parte (without notice) application for interpleader relief in an action involving your former client, KP, you engaged in dishonourable or questionable conduct that casts doubt on your professional integrity or reflects adversely on the integrity of the legal profession, contrary to Chapter 2, Rule 1 of the Professional Conduct Handbook then in force by doing one or both of:

(a) providing instructions and other guidance to a junior associate lawyer, regarding content of affidavit material, that was contrary to the general obligation of candour to the Court and the specific duty to make full and frank disclosure of all material facts in an ex parte application;

(b) failing to make adequate efforts to clarify the terms of the August 14, 2012 order of Mr. Justice Butler before proceeding with your ex parte application for interpleader relief on September 14, 2012.

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

2. In support of an ex parte (without notice) application for interpleader relief in an action involving your former client, KP, you swore and relied on affidavit(s) containing representation(s) to the Court and the opposing party and counsel that you knew or ought to have known were false or potentially misleading. In particular, you swore affidavit(s) containing one or more of the following misrepresentations:

(a) a representation in your affidavit sworn on September 13, 2012 that you had no knowledge that any orders had been made with respect to storage locker keys when you had information, including input from a junior associate and knowledge of a prior disputed Order of Master Taylor, that ought to have raised doubt about whether an order had been made with respect to storage locker keys;

(b) a representation in your affidavit sworn on November 26, 2012 that you did not know what orders Mr. Justice Butler had made when you swore your affidavit of September 13, 2012 when you had information, including input from a junior associate, that ought to have raised doubt about whether an order had been made; and

(c) a representation in your affidavit sworn on November 26, 2012 to the effect that your junior associate, and not you, had been responsible for the rationale that your firm would have been served if an order had been made to require delivery of the storage locker keys.

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