Luk v. Law Society of Manitoba, 2011 MBCA 78

• Judge: Freedman, Chartier and Monnin, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 12, 2011
• Jurisdiction: Manitoba
• Citations: 2011 MBCA 78;(2011), 270 Man.R.(2d) 56 (CA)

Luk v. Man. Law Soc. (2011), 270 Man.R.(2d) 56 (CA);

      524 W.A.C. 56

MLB headnote and full text

Temp. Cite: [2011] Man.R.(2d) TBEd. OC.007

Eva Yee-Wah Luk (appellant) v. The Law Society of Manitoba (respondent)

(AI 11-30-07509; 2011 MBCA 78)

Indexed As: Luk v. Law Society of Manitoba

Manitoba Court of Appeal

Freedman, Chartier and Monnin, JJ.A.

September 23, 2011.

Summary:

The Discipline Committee of the Law Society found Luk, a lawyer, guilty of two counts of professional misconduct: (1) failing to serve her clients in a conscientious, diligent and efficient manner and (2) failing to give notice of a potential claim to the Law Society's Director of Insurance as soon as practicable after becoming aware of the facts giving rise to the claim, as required under rule 5-23 of the Law Society Rules. She was ordered to pay a $1,500 global fine and to contribute $2,000 in costs. Luk appealed from the conviction and penalty on the second count.

The Manitoba Court of Appeal dismissed the appeal.

Barristers and Solicitors - Topic 5106

Discipline - General - Professional misconduct defined - Luk, a lawyer, registered certain land in the name of one company that was owned by her clients with a third party when the land should have been registered in the name of a different company owned by the clients alone - In February 2007, the clients brought the mistake to her attention, but she did not register a transfer until January 2008, when she received notice that her clients had complained to the Law Society - The Discipline Committee of the Law Society found Luk guilty of two counts of professional misconduct: (1) failing to serve her clients in a conscientious, diligent and efficient manner and (2) failing to give notice of a potential claim to the Law Society's Director of Insurance as soon as practicable after becoming aware of the facts giving rise to the claim, as required under rule 5-23 of the Law Society Rules - She was ordered to pay a $1,500 global fine and to contribute $2,000 in costs - Luk appealed from the conviction and penalty on the second count - The Manitoba Court of Appeal dismissed the appeal - The conviction and penalty were reasonable - The court rejected Luk's argument that a finding of professional misconduct necessarily required a finding that the impugned conduct was dishonourable or disgraceful - Lawyers could be found guilty of professional misconduct for failure to notify the Law Society as required by rule 5-23 even if such violation had no element of dishonourable or disgraceful conduct.

Barristers and Solicitors - Topic 5486

Discipline - Fines - For professional misconduct - [See Barristers and Solicitors - Topic 5106 ].

Barristers and Solicitors - Topic 5503

Discipline - Costs - Liability for - [See Barristers and Solicitors - Topic 5106 ].

Cases Noticed:

Dunne v. Law Society of Newfoundland (2000), 191 Nfld. & P.E.I.R. 129; 577 A.P.R. 129 (Nfld. T.D.), consd. [para. 8].

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207; 2003 SCC 20, refd to. [para. 9].

Histed v. Law Society of Manitoba (2006), 208 Man.R.(2d) 44; 383 W.A.C. 44; 2006 MBCA 89, refd to. [para. 9].

Histed v. Law Society of Manitoba (2007), 225 Man.R.(2d) 74; 419 W.A.C. 74; 2007 MBCA 150, refd to. [para. 9].

Walsh v. Law Society of Manitoba (2006), 212 Man.R.(2d) 5; 389 W.A.C. 5; 2006 MBCA 154, refd to. [para. 9].

Ritchot v. Law Society of Manitoba (2010), 251 Man.R.(2d) 121; 478 W.A.C. 121; 2010 MBCA 13, refd to. [para. 9].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 9].

Harris v. Nova Scotia Barristers' Society et al. (2004), 228 N.S.R.(2d) 153; 723 A.P.R. 153; 2004 NSCA 143, refd to. [para. 19].

Authors and Works Noticed:

MacKenzie, Gavin, Lawyers and Ethics: Professional Responsibility and Discipline (2011 Looseleaf), p. 26-22 [para. 22].

Counsel:

S. Green, Q.C., and C.J. Phelan, Q.C., for the appellant;

R.H. Kravetsky, for the respondent.

This appeal was heard on September 12, 2011, by Freedman, Chartier and Monnin, JJ.A., of the Manitoba Court of Appeal. On September 23, 2011, the court delivered the following judgment.