Alta. Law Soc. v. Beaver, 2016 ABCA 290
| Judge | Fraser, C.J.A., Watson and Martin, JJ.A. |
| Court | Court of Appeal (Alberta) |
| Case Date | September 28, 2016 |
| Citations | 2016 ABCA 290;[2016] A.R. TBEd. SE.141 |
Alta. Law Soc. v. Beaver, [2016] A.R. TBEd. SE.141
MLB being edited
Currently being edited for A.R. - judgment temporarily in rough form.
Temp. Cite: [2016] A.R. TBEd. SE.141
Law Society of Alberta (respondent/applicant) v. Shawn Beaver (appellant/respondent)
(1603-0051-AC; 2016 ABCA 290)
Indexed As: Law Society of Alberta v. Beaver
Alberta Court of Appeal
Fraser, C.J.A., Watson and Martin, JJ.A.
September 28, 2016.
Summary:
A lawyer suspended on an interim basis for, inter alia, alleged financial misconduct operated a website (Beaver Legal Consulting) offering services as a "legal agent". The Law Society's position was that the lawyer was violating s. 106(1)(a) of the Law Society Act because the lawyer, acting as a "legal agent", was practising law while prohibited from doing so. A chambers judge granted an injunction prohibiting the lawyer from engaging in the "practice of law", including acting as an agent. The lawyer appealed, arguing that s. 106(2)(l) applied to permit a suspended lawyer to continue to act as an agent.
The Alberta Court of Appeal dismissed the appeal. A suspended lawyer was not entitled to act as an agent.
Barristers and Solicitors - Topic 5182
Discipline - Disciplinary powers - Jurisdiction of disciplinary body - [See Barristers and Solicitors - Topic 6270 ].
Barristers and Solicitors - Topic 6270
Unauthorized practice (incl. offences) - Acting as a solicitor - Agents and paralegals - A lawyer suspended on an interim basis for, inter alia, alleged financial misconduct operated a website (Beaver Legal Consulting) offering services as a "legal agent" - The Law Society's position was that the lawyer was violating s. 106(1)(a) of the Law Society Act because the lawyer, acting as a "legal agent", was practising law while prohibited from doing so - A chambers judge granted an injunction prohibiting the lawyer from engaging in the "practice of law", including acting as an agent - The lawyer appealed, arguing that since s. 106(2)(l) specifically provided only that a disbarred lawyer could not act as an agent, a suspended lawyer could continue to act as an agent - The Alberta Court of Appeal dismissed the appeal, stating that "the combined effect of ss. 102(1) and 106 of the Act precludes suspended lawyers from acting as agents under s. 106(2)(l). Because a suspended lawyer retains the same designation of 'barrister and solicitor' as an active member of the [Law Society of Alberta], he or she is equally unable to take on the separate designation of 'agent'. Therefore, in suspending [the lawyer] on an interim basis under s. 63 of the act, the [Law Society of Alberta] was not required to explicitly preclude his acting as an agent since his inability to do so is rooted in the Act itself. ... Even if this were not so, the [Law Society of Alberta] would nevertheless have the implied authority to prevent a suspended lawyer from acting as an agent incidental to its power to suspend under s. 63" - The chambers judge had jurisdiction to grant the injunction and the Law Society had standing to seek the injunction.
Counsel:
G.R. McKenzie, Q.C., for the respondent;
S.M. Renouf, Q.C., for the appellant.
This appeal was heard on September 7, 2016, at Edmonton, Alberta, before Fraser, C.J.A., Watson and Martin, JJ.A., of the Alberta Court of Appeal.
On September 28, 2016, the following memorandum of judgment was filed by the Court.
To continue reading
Request your trial
-
PricewaterhouseCoopers Inc v Perpetual Energy Inc,
...pronounce the result, in cursory fashion, and issue written reasons at the earliest opportunity: Law Society of Alberta v Beaver, 2016 ABCA 290 at para. 11, 44 Alta LR (6th) 16; Liu v Huang, 2020 ONCA 450 at para. 10. That, however, was not the situation here. The transactions challenged in......
-
Re Gauthier,, 2018 ABCA 14
...every question, however distasteful, that the lawyer thinks will help the client’s case”). [21] E.g., Law Society of Alberta v. Beaver, 2016 ABCA 290: 405 D.L.R. 4th 1 (the Court upheld the Associate Chief Justice’s decision to impose an injunction); Kon Construction Ltd. v. Terranova Devel......
-
Law Society of Alberta v Beaver, 2021 ABQB 134
...had breached the terms of the December 23, 2015 undertaking, and conducted prohibited practice of law: Law Society of Alberta v Beaver, 2016 ABCA 290 at para 12 [Beaver Practice #4]. Reversing Beaver Practice #3, the Court ruled that Mr. Beaver was not legally authorized to act as an agent ......
-
R v Algiak,
...pronounce the result, in cursory fashion, and issue written reasons at the earliest opportunity: Law Society of Alberta v Beaver, 2016 ABCA 290 at para. 11, 44 Alta LR (6th) 16; Liu v Huang, 2020 ONCA 450 at para. 10. [65] When rea......
-
PricewaterhouseCoopers Inc v Perpetual Energy Inc,
...pronounce the result, in cursory fashion, and issue written reasons at the earliest opportunity: Law Society of Alberta v Beaver, 2016 ABCA 290 at para. 11, 44 Alta LR (6th) 16; Liu v Huang, 2020 ONCA 450 at para. 10. That, however, was not the situation here. The transactions challenged in......
-
Re Gauthier,, 2018 ABCA 14
...every question, however distasteful, that the lawyer thinks will help the client’s case”). [21] E.g., Law Society of Alberta v. Beaver, 2016 ABCA 290: 405 D.L.R. 4th 1 (the Court upheld the Associate Chief Justice’s decision to impose an injunction); Kon Construction Ltd. v. Terranova Devel......
-
Law Society of Alberta v Beaver, 2021 ABQB 134
...had breached the terms of the December 23, 2015 undertaking, and conducted prohibited practice of law: Law Society of Alberta v Beaver, 2016 ABCA 290 at para 12 [Beaver Practice #4]. Reversing Beaver Practice #3, the Court ruled that Mr. Beaver was not legally authorized to act as an agent ......
-
R v Algiak,
...pronounce the result, in cursory fashion, and issue written reasons at the earliest opportunity: Law Society of Alberta v Beaver, 2016 ABCA 290 at para. 11, 44 Alta LR (6th) 16; Liu v Huang, 2020 ONCA 450 at para. 10. [65] When rea......
-
Court Of Appeal Recognizes Regulator's Robust Implied Power In Name Of Public Protection
...Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as legal agents, a limited status in which the agent can represent another person in Provincial Court or at tribunals where representation by non-lawyers is per......
-
Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection
...Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in Provincial Court or at tribunals where representation by non-lawyers is per......