Elias v. Law Society of British Columbia, (1996) 79 B.C.A.C. 314 (CA)

• Judge: Carrothers, Cumming and Hinds, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 03, 1996
• Jurisdiction: British Columbia
• Citations: (1996), 79 B.C.A.C. 314 (CA)

Elias v. B.C. Law Soc. (1996), 79 B.C.A.C. 314 (CA);

    129 W.A.C. 314

MLB headnote and full text

In The Matter Of the Legal Profession Act

And In The Matter Of a hearing concerning Victor James Elias (a member of the Law Society of British Columbia)

Victor Elias (plaintiff/appellant) v. The Law Society of British Columbia (defendant/respondent)

(CA019399)

Indexed As: Elias v. Law Society of British Columbia

British Columbia Court of Appeal

Carrothers, Cumming and Hinds, JJ.A.

August 23, 1996.

Summary:

The Benchers of the Law Society found a member guilty of professional misconduct and conduct unbecoming a member. The member appealed.

The British Columbia Court of Appeal dismissed the appeal.

Barristers and Solicitors - Topic 5106

Discipline - Professional misconduct defined - A member of the Law Society wrote to a foreign banker friend, offering to assist in the transfer of cash from the Philippines which was "accumulated over time in the brothel business" - The Benchers of the Law Society found the member guilty of professional misconduct and unbecoming conduct - The Benchers ruled that the member should reasonably have been suspicious that illegal activities were involved and he knew or should have known that the subject funds were derived, directly or indirectly, through commission of a criminal offence contrary to Philippines law - The British Columbia Court of Appeal refused to interfere with the Benchers' decision.

Cases Noticed:

Pearlman v. Manitoba Law Society Judi­cial Committee, [1988] 3 W.W.R. 277; 51 Man.R.(2d) 151 (Q.B.), affd. [1991] 2 S.C.R. 869; 130 N.R. 121; 75 Man.R.(2d) 81; 6 W.A.C. 81; 84 D.L.R.(4th) 105, refd to. [para. 10].

Counsel:

Dana H. Prince, for the appellant;

Michael P. Carrol, Q.C., for the respon­dent.

This appeal was heard in Vancouver, British Columbia, on June 3, 1996, before Carrothers, Cumming and Hinds, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered by Carrothers, J.A., on August 23, 1996.