Case Decisions
The Law Society is responsible for governing the legal profession in the public interest according to Northwest Territories law and the Law Society's rules, regulations, guidelines and Code of Professional Conduct. This responsibility includes the investigation of complaints regarding the conduct of lawyers practising in the Territory.
If necessary, formal complaints that have been investigated may be forwarded to a Sole Inquirer or a Committee of Inquiry. The complaint (or "case") then proceeds to a hearing where the Sole Inquirer (or Committee of Inquiry), the accused member (and/or their counsel), counsel for the Law Society of the NWT (on behalf of the complainant) and any witnesses are called to testify. At the end of such a hearing, the Inquirers state a decision or judgement on the matter and any resulting penalties.
Decisions made by Sole Inquirers or Committees of Inquiry are publicly available. You can find full decisions of all complaints brought forward at a hearing on the CanLII website (www.canlii.org).
In the interest of public awareness, this page contains summaries of past decisions made through the complaints process of the Law Society.
| Decision Date: | December 11, 2002 |
| File Number: | 0112-274, 0113-275, 0007-259 |
| Summary: | Failure to Service Clients; Lack of Diligence |
| Held: | Guilty of Conduct Deserving of Discipline |
| Authorities: | Legal Profession Act, S. 25(1), 25(2)(c) |
| Penalty: | Reprimand and $5,000 Costs. |
| Click here to read a summary of the case/decision. |
| Decision Date: | October 16, 2002 |
| File Number: | 0116-278 |
| Summary: | Failing to notify party to a conversation that phone call was being taped by a 3rd party and misinforming party. |
| Held: | Guilty of Conduct Unbecoming a Barrister and Solicitor |
| Authorities: | CBA Code of Profession Conduct; Chapters XIII, XVI, XIX, X. |
| Penalty: | Reprimand, $1,750 Costs; $1,250 Fines. |
| Click here to read a summary of the case/decision. |
| Decision Date: | November 5, 2000 |
| File Number: | 0002-254 |
| Summary: | Delay and Failure to Follow Client?s Instruction |
| Held: | Guilty of Professional Misconduct |
| Authorities: | CBA Code of Professional Conduct, Chapter II, Rule (b) |
| Penalty: | Reprimand and $2,500 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | October 18, 2000 |
| File Number: | 9913-249 |
| Summary: | Dealing directly with another Lawyer?s client |
| Held: | Guilty of Professional Misconduct |
| Authorities: | CBA Code of Professional Conduct, Chapter XVI. |
| Penalty: | Reprimand and $500 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | May 25, 2000 |
| File Number: | 9806-231 |
| Summary: | Failure to reply to a client |
| Held: | Guilty of Professional Misconduct |
| Authorities: | CBA Code of Professional Conduct, Chapter II. |
| Penalty: | Reprimand and $250 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | January 6, 2000 |
| File Number: | 9703-207 |
| Summary: | Improper Remarks |
| Held: | Guilty of Professional Misconduct |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, C.L-2; Section 30(1), 32.1
CBA Code of Professional Conduct, Chapter XVIII, Commentary 3 |
| Penalty: | Reprimand and $2,000 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | April 12, 1999 |
| File Number: | 9619-199 |
| Summary: | Failure to reconcile trust accounts |
| Held: | Guilty of professional misconduct |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, C.L-2; Section 45
Legal Profession Act (Alberta), S.A. 1990, C.L 9.1 |
| Penalty: | Reprimand and $500 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | March 4, 1999 |
| File Number: | 9721-225 |
| Summary: | Failure to respond |
| Held: | Guilty of conduct unbecoming a barrister and solicitor. |
| Authorities: | CBA Code of Professional Conduct; Chapter II, Paragraph 7; Chapter XVI, Paragraph 6 |
| Penalty: | Reprimand and $1,000 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | March 4, 1999 |
| File Number: | 9714-218 |
| Summary: | Failure to respond and to keep client reasonably informed |
| Held: | Member breached the competence and quality of service provisions of Chapter II of the Code of Professional Conduct - "Competence and Quality of Service" |
| Authorities: | CBA Code of Professional Conduct, Chapter II. |
| Penalty: | Reprimand and $1,000 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | June 9, 1998 |
| File Number: | 9709-213 |
| Summary: | Member undertook to remit payments from legal aid files she took with her on leaving a firm, and then failed to do so, opting instead to deduct the funds from what she felt she was due from the former employer. |
| Held: | Member found guilty of professional misconduct |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, CL-2; Sections 22, 29.1
CBA Code of Professional Conduct, Chapter XIV, Guiding Principles -7 |
| Penalty: | Reprimand and $1,000 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | January 6, 1998 |
| File Number: | 9520-175 |
| Summary: | Member made remarks that were discourteous, disrespectful and rude |
| Held: | Member found guilty of professional misconduct |
| Authorities: | Legal Profession Act(N.W.T.) R.S.N.W.T. 1988, CL-2; Sections 22, 29.1
CBA Code of Professional Conduct, Cjapter XVI, Paragraph 10. |
| Penalty: | Reprimand and $1,000 Costs |
| Click here to read a summary of the case/decision. |
| Decision Date: | July 17, 1997 |
| File Number: | 9602-182 |
| Summary: | Improper payment of fees from trust account
Retention of trust monies for excessive period |
| Held: | Guilty of conduct unbecoming a barrister & solicitor |
| Authorities: | Rules of the Law Society of the Northwest Territories, R-084-92, Section 85
CBA Code of Professional Conduct, Chapter VIII, Note 3 |
| Penalty: | Reprimand |
| Click here to read a summary of the case/decision. |
| Decision Date: | May 20, 1997 |
| File Number: | 9621-201 |
| Summary: | Failure to keep proper books and accounts
Failure to maintain balance in account |
| Held: | Guilty of professional misconduct |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, c.L-2, section 45 |
| Penalty: | Reprimand and costs of $500.00 |
| Click here to read a summary of the case/decision. |
| Decision Date: | January 26, 1996 |
| File Number: | 9508-163 |
| Summary: | Issuing cheques without insufficient funds
False and misleading representation |
| Held: | Guilty of conduct unbecoming a barrister & solicitor |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, c.L-2 sections 22(1), 22(2), 29.1(1)
Rules of the Law Society of the Northwest Territories, R-084-92, Rule 98
CBA Code of Professional Conduct, Chapter I, paragraph 1-4
Criminal Code (Canada), section 364 |
| Penalty: | Reprimand and costs of $500.00 |
| Click here to read a summary of the case/decision. |
| Decision Date: | March 23, 1995 |
| File Number: | 9318-138 |
| Summary: | Improper payments from trust account |
| Held: | Guilty |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, c.L-2 section 28 |
| Penalty: | Reprimand and costs of $2,500.00 |
| Click here to read a summary of the case/decision. |
| Decision Date: | March 17, 1995 |
| File Number: | 9315-135,9316-135 |
| Summary: | Forgery - Other [forging court documents]
Misleading client |
| Held: | Guilty |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, c.L-2, section 30(1)(a) |
| Penalty: | Disbarred |
| Click here to read a summary of the case/decision. |
| Decision Date: | January 9, 1995 |
| File Number: | 9405-143 |
| Summary: | Failure to keep proper books and accounts |
| Held: | Guilty of professional misconduct |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, c.L-2 section 45 |
| Penalty: | Reprimand and costs of $300.00 |
| Click here to read a summary of the case/decision. |
| Decision Date: | March 30, 1994 |
| File Number: | 9203-123 |
| Summary: | Conflict of interest
Entering into a business transaction with a client |
| Held: | Guilty of professional misconduct |
| Authorities: | CBA Code of Professional Conduct - Chapter VI, Rule ? |
| Penalty: | Reprimand, fine of $900.00 and costs of $2,500.00 |
| Click here to read a summary of the case/decision. |
| Decision Date: | November 9, 1993 |
| File Number: | 9313-133 |
| Summary: | Failure to keep proper books and accounts |
| Held: | Guilty of professional misconduct |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, c.L-2, section 45 |
| Penalty: | Reprimand and costs of $1,800.00 |
| Click here to read a summary of the case/decision. |
| Decision Date: | November 9, 1993 |
| File Number: | 9314-134 |
| Summary: | Failure to keep proper books and accounts |
| Held: | Guilty of professional misconduct |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, c.L-2, section 45 |
| Penalty: | Reprimand and costs of $1,200.00 |
| Click here to read a summary of the case/decision. |
| Decision Date: | August 17, 1993 |
| File Number: | 9216-113 |
| Summary: | Assault / Abuse of Alcohol / False statement to Police investigator |
| Held: | Not guilty with respect to the charges of assault and abuse of alcohol.
Guilty of conduct unbecoming a barrister & solicitor in the matter of providing a false statement to Police investigator. |
| Authorities: | Legal Profession Act (N.W.T.) R.S.N.W.T. 1988, c.L-2, sections 22(2), 24(1)(d), 30(1)
Criminal Code, R.S.C. 1985, c. L-46, section 266
CBA Code of Professional Conduct |
| Penalty: | Reprimand and costs of $1,000.00 |
| Click here to read a summary of the case/decision. |
| Decision Date: | December 7, 1990 |
| File Number: | 9005-84 |
| Summary: | Conflict of Interest
Ethics of lawyer declining to act on behalf of client |
| Held: | Not guilty of professional misconduct or of conduct unbecoming a barrister & solicitor |
| Authorities: | CBA Code of Professional Conduct - Chapters XIII and XIX
Guiding Principles 1 and 10 |
| Penalty: | None |
| Click here to read a summary of the case/decision. |
