Green v. NWT Law Soc., (1980) 28 A.R. 143 (NWTSC)

JudgeMaddison, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateJuly 08, 1980
JurisdictionNorthwest Territories
Citations(1980), 28 A.R. 143 (NWTSC)

Green v. NWT Law Soc. (1980), 28 A.R. 143 (NWTSC)

MLB headnote and full text

Green, Carter and Latimer v. Northwest Territories Law Society

(S.C. No. 5280)

Indexed As: Green, Carter and Latimer v. Northwest Territories Law Society

Northwest Territories Supreme Court

Maddison, J.

July 8, 1980.

Summary:

An application was brought to quash a resolution of the Law Society purporting to govern the terms of employment by the applicant law firm of an employee as a paralegal. The employee was a former member of the Nova Scotia Barrister's Society, having been disbarred from that Society.

The Northwest Territories Supreme Court held that the Society had no authority to dictate the terms of employment or to authorize or refuse authorization of employment, the employee not being a student-at-law, nor a suspended member of the Northwest Territories Society. The court stated that members were required to confine the role of each employee to prevent the unauthorized practice of law prohibited by the ordinance and to see that the conduct of each employee was in keeping with the special professional status which the member enjoyed.

Barristers and Solicitors - Topic 7645

Regulation - Powers of governing bodies - Respecting employees of members - The applicants moved to quash a resolution of the Law Society purporting to govern the terms of employment of a disbarred member of the Nova Scotia Barrister's Society as a paralegal - The Northwest Territories Supreme Court held that the Society had no authority to dictate the terms of the disbarred lawyer's employment or to authorize or refuse authorization of his employment, he not being a student-at-law nor a suspended member of the Northwest Territories Society - See paragraphs 11 and 12.

Statutes Noticed:

Legal Professional Ordinance, O.N.W.T. 1976 (2nd Sess.), c. 4, sect. 2(h) [para. 8]; sect. 6(q) [para. 9]; sect. 69 [paras. 5, 8, 9, 11, 12].

Counsel:

James R. Scott, for the applicants;

Donald J. Boyer, for the respondent.

This case was heard before MADDISON, J., of the Northwest Territories Supreme Court.

The judgment of MADDISON, J., was delivered on July 8, 1980.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT