Kumar v. Law Society of Saskatchewan, (2015) 472 Sask.R. 79 (CA)

• Judge: Ottenbreit, Caldwell and Herauf, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 18, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 472 Sask.R. 79 (CA);2015 SKCA 132

Kumar v. Sask. Law Soc. (2015), 472 Sask.R. 79 (CA);

    658 W.A.C. 79

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. DE.033

Krishan Kumar (appellant) v. The Law Society of Saskatchewan (respondent)

(CACV2464; 2015 SKCA 132)

Indexed As: Kumar v. Law Society of Saskatchewan

Saskatchewan Court of Appeal

Ottenbreit, Caldwell and Herauf, JJ.A.

November 18, 2015.

Summary:

Paul White was a member of the Washington State Bar who had been disbarred. Paul White changed his name to Kumar and was admitted as a member of the Law Society of Saskatchewan. Kumar pleaded guilty in Saskatchewan to conduct unbecoming a lawyer for failing to use his proper or legal name on his application, failing to disclose his name change, failing to disclose the prior disciplinary proceedings against him as Paul White, and providing false information to the Law Society for failure to disclose his membership in the Washington State Bar. A Discipline Committee disbarred Kumar, ordered him to pay costs of $5,000 and prohibited him from applying for reinstatement for five years. Kumar appealed the discipline imposed on the ground that it was too harsh where his misconduct did not affect the public at large.

The Saskatchewan Court of Appeal dismissed the appeal.

Barristers and Solicitors - Topic 5304

Discipline - Disbarment - For professional misconduct - Paul White was a member of the Washington State Bar who had been disbarred - Paul White changed his name to Kumar and was admitted as a member of the Law Society of Saskatchewan - Kumar pleaded guilty in Saskatchewan to conduct unbecoming a lawyer for failing to use his proper or legal name on his application, failing to disclose his name change, failing to disclose the prior disciplinary proceedings against him as Paul White, and providing false information to the Law Society for failure to disclose his membership in the Washington State Bar - A Discipline Committee disbarred Kumar, ordered him to pay costs of $5,000 and prohibited him from applying for reinstatement for five years - Kumar appealed the discipline imposed on the ground that it was too harsh where his misconduct did not affect the public at large - The Saskatchewan Court of Appeal dismissed the appeal - The Committee's decision was reasonable - It provided clear reasons and justification for its decision - While disbarment was harsh, it was justifiable and entitled to deference.

Barristers and Solicitors - Topic 5582

Discipline - Appeals and judicial review - Standard of review - [See Barristers and Solicitors - Topic 5304 ].

Cases Noticed:

McLean v. Law Society of Saskatchewan (2012), 385 Sask.R. 182; 536 W.A.C. 182; 2012 SKCA 7, refd to. [para. 6].

Counsel:

Krishan Kumar, on his own behalf;

Timothy F. Huber, for the respondent.

This appeal was heard on November 18, 2015, before Ottenbreit, Caldwell and Herauf, JJ.A., of the Saskatchewan Court of Appeal.

On November 18, 2015, Herauf, J.A., delivered the following judgment orally for the Court of Appeal.