Citation issued: June 24, 2015

charles louis albas 

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. In or around October 2005, you caused a company owned and controlled by you to borrow $485,000 from your client, T Ltd., contrary to Chapter 7, Rule 4 of the Professional Conduct Handbook then in force.

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

2. In or around October 2005, you provided legal services to your client, T Ltd., when you had a direct or indirect financial interest in the subject matter of the legal services by preparing or causing to be prepared and registering a mortgage in favour of T Ltd. when that mortgage, in which you were a personal covenanter, was security for a loan in the amount of $485,000 made by T Ltd. to [numbered company] Ltd., a company owned and controlled by you, contrary to Chapter 7, Rule 1 of the Professional Conduct Handbook then in force.

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

3. In or around April 2006, you caused a company owned and controlled by you to borrow $300,000 from your clients, AV and JV, contrary to Chapter 7, Rule 4 of the Professional Conduct Handbook then in force.

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

4. In or around April 2006, you provided legal services to your clients, AV and JV, when you had a direct or indirect financial interest in the subject matter of the legal services by preparing or causing to be prepared and registering a mortgage in favour of AV and JV when that mortgage, in which you were a personal covenanter, was security for a loan in the amount of $300,000 made by AV and JV to [numbered company] Ltd., a company owned and controlled by you, contrary to Chapter 7, Rule 1 of the Professional Conduct Handbook then in force.

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

5. On or around August 27, 2009, in foreclosure proceedings against you and [numbered company] Ltd. a company owned and controlled by you, you prepared a Notice of Motion and a supporting Affidavit in your name in order to seek court approval of an offer for the purchase of land owned by the company and did not disclose one or more of the following material facts in the Notice of Motion and supporting Affidavit:

(a) that prior offers associated with the buyer had not completed;

(b) you had been unable to reach the buyer’s representatives;

(c) you were sufficiently concerned about the offer to conduct a search, the results of which you had not yet received;

contrary to Chapter 1, Rules 2(1) and (3) and Chapter 2, Rule 1 of the Professional Conduct Handbook then in force.

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

6. On and after August 27, 2009, in foreclosure proceedings brought against you and [numbered company] Ltd., a company owned and controlled by you, you failed to disclose materials facts concerning an Application and Order made on August 27, 2009 approving the sale of property owned by the Company contrary to Chapter 1, Rules 2(1), (3) and (4), and Chapter 2, Rule 1 of the Professional Conduct Handbook then in force when you failed to:

(a) correct the record when you subsequently became aware that the corporate buyer had been struck from the Registrar of Companies years before; and

(b) advise the court and other parties that no deposit had been received after the deadline for payment of the deposit had passed.

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

7. In a foreclosure action in which you and a company owned and controlled by you were respondents, you misled or intended to mislead opposing counsel into believing that the sale approved by order of the court would complete when you knew or ought to have known that it would not by:

(a) failing to advise Mr. J that a deposit had not been paid when he made specific inquiries in that regard on or around November 3 and 4, 2009; and

(b) writing to counsel on or around November 20, 2009 advising that you were pushing the purchaser to complete when you had not been in contact with the purchaser and the corporate purchaser to your knowledge had been dissolved.

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

8. You failed to notify the Executive Director of the Law Society of British Columbia in writing of the circumstances of one or more of the following unsatisfied monetary judgments against you and your proposal for satisfying such judgments, contrary to Rule 3-44 of the Law Society Rules:

(a) Order Nisi of Foreclosure dated August 28, 2008, in Supreme Court of British Columbia Action [number] Penticton Registry, ordering judgment against you in the amount of $506,373.93;

(b) Order Nisi of Foreclosure dated January 28, 2010, in Supreme Court of British Columbia Action [number] Penticton Registry, ordering judgment against you in the amount of $402,698.92; and

(c) Certificate of Costs dated November 15, 2012 in the amount of $16,739.15 in Supreme Court of British Columbia Action [number] Penticton Registry.

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