Doolan v. Law Society of Manitoba, 2016 MBCA 57
| Judge | Steel, Hamilton and Pfuetzner, JJ.A. |
| Court | Court of Appeal (Manitoba) |
| Case Date | January 08, 2016 |
| Jurisdiction | Manitoba |
| Citations | 2016 MBCA 57;(2016), 330 Man.R.(2d) 68 (CA) |
Doolan v. Man. Law Soc. (2016), 330 Man.R.(2d) 68 (CA);
675 W.A.C. 68
MLB headnote and full text
Temp. Cite: [2016] Man.R.(2d) TBEd. JN.002
Robert Frank Doolan (appellant) v. The Law Society of Manitoba (respondent)
(AI 15-30-08330; 2016 MBCA 57)
Indexed As: Doolan v. Law Society of Manitoba
Manitoba Court of Appeal
Steel, Hamilton and Pfuetzner, JJ.A.
May 31, 2016.
Summary:
A panel of the discipline committee of the Law Society of Manitoba found a lawyer guilty of numerous instances of misappropriation of funds and attempts to mislead the Law Society by falsifying banking records. The panel found, therefore, that he was guilty of professional misconduct for breaching his duty to act with integrity arising from his practice of law and disbarred him. The lawyer appealed.
The Manitoba Court of Appeal dismissed the appeal.
Barristers and Solicitors - Topic 1707
Relationship with client - Property transactions - Misappropriation or conversion of trust funds - The Law Society of Manitoba Discipline Committee found a lawyer guilty of professional misconduct because of numerous instances of misappropriation of refunds ($9,096.44) he received from the Land Titles Office for registrations he made for clients in his real estate practice - The lawyer appealed, arguing that the Committee erred in its analytical approach to the allegations of misappropriation - The Committee held that misappropriation had to be proven on a balance of probabilities and that it did not require an element of personal gain or benefit or the intention to steal - The Manitoba Court of Appeal dismissed the appeal, holding that the Committee's decision was reasonable - The Committee's analytical approach was consistent with a growing trend in the jurisprudence involving misappropriation (i.e., that any unauthorised use of client trust funds by a lawyer amounted to misappropriation, regardless of the lawyer's subjective intentions) - See paragraphs 65 to 85.
Barristers and Solicitors - Topic 5304
Discipline - Disbarment - For professional misconduct - The Law Society of Manitoba Discipline Committee found a lawyer guilty of professional misconduct because of numerous instances of misappropriation of refunds ($9,096.44) he received from the Land Titles Office for registrations he made for clients in his real estate practice - The lawyer was also found guilty of attempting to mislead the Law Society during the investigation by falsifying bank records - The lawyer appealed the disbarment decision - The Manitoba Court of Appeal dismissed the appeal - The decision to disbar the lawyer was a consequence that was open to the Committee - It fell within the range of possible, acceptable outcomes, and was clearly defensible in respect of the facts and law - As such, the decision was entitled to deference - See paragraphs 92 to 95.
Barristers and Solicitors - Topic 5582
Discipline - Appeals and judicial review - Standard of review - The Manitoba Court of Appeal stated that findings of misconduct and a decision to disbar a lawyer by the Discipline Committee of the Law Society of Manitoba were to be reviewed on the standard of reasonableness - See paragraphs 61 to 64.
Counsel:
D.S. Miles, for the appellant;
R.H. Kravetsky, for the respondent.
This appeal was heard on January 8, 2016, before Steel, Hamilton and Pfuetzner, JJ.A., of the Manitoba Court of Appeal. The following decision was delivered for the court by Hamilton, J.A., on May 31, 2016.
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The Law Society of Manitoba v Alghoul, 2018 MBCA 23
...defensible in respect of the facts and law” (Dunsmuir v New Brunswick, 2008 SCC 9 at para 47). See also Doolan v Law Society of Manitoba, 2016 MBCA 57 at paras [16] As for the adequacy of the Panel’s reasons, in The Law Society of Manitoba v Cherrett, 2016 MBCA 119, Hamilton JA wrote (at pa......
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The Law Society of Manitoba v Young, 2018 MBCA 126
...the decision” (Law Society of New Brunswick v Ryan, 2003 SCC 20 at para 47). See also Doolan v Law Society of Manitoba, 2016 MBCA 57 at paras [10] With respect to the first ground, th......
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Kuny v College of Registered Nurses of Manitoba, 2017 MBCA 111
...a range of possible, acceptable outcomes which are defensible in respect of the facts of this case (see Doolan v Law Society of Manitoba, 2016 MBCA 57). It would not be helpful in this case to enter into a discussion as to whether the standard of review with respect to issues of procedural ......
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Hancock v. College of Registered Nurses of Manitoba, 2018 MBQB 149
...standard. See Filipchuk v. College of Licensed Practical Nurses of Manitoba, 2004 MBCA 139, and Doolan v. Law Society of Manitoba, 2016 MBCA 57. In other words, there has to be a rational basis for the decision of the respondent. A court cannot intervene if the decision is within a range of......
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The Law Society of Manitoba v Alghoul, 2018 MBCA 23
...defensible in respect of the facts and law” (Dunsmuir v New Brunswick, 2008 SCC 9 at para 47). See also Doolan v Law Society of Manitoba, 2016 MBCA 57 at paras [16] As for the adequacy of the Panel’s reasons, in The Law Society of Manitoba v Cherrett, 2016 MBCA 119, Hamilton JA wrote (at pa......
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The Law Society of Manitoba v Young, 2018 MBCA 126
...the decision” (Law Society of New Brunswick v Ryan, 2003 SCC 20 at para 47). See also Doolan v Law Society of Manitoba, 2016 MBCA 57 at paras [10] With respect to the first ground, th......
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Kuny v College of Registered Nurses of Manitoba, 2017 MBCA 111
...a range of possible, acceptable outcomes which are defensible in respect of the facts of this case (see Doolan v Law Society of Manitoba, 2016 MBCA 57). It would not be helpful in this case to enter into a discussion as to whether the standard of review with respect to issues of procedural ......
-
Hancock v. College of Registered Nurses of Manitoba, 2018 MBQB 149
...standard. See Filipchuk v. College of Licensed Practical Nurses of Manitoba, 2004 MBCA 139, and Doolan v. Law Society of Manitoba, 2016 MBCA 57. In other words, there has to be a rational basis for the decision of the respondent. A court cannot intervene if the decision is within a range of......