Mix v. Law Society of New Brunswick, 2015 NBCA 37

• Judge: Richard, Quigg and Green, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 21, 2015
• Jurisdiction: New Brunswick
• Citations: 2015 NBCA 37;(2015), 436 N.B.R.(2d) 385 (CA)

Mix v. N.B. Law Soc. (2015), 436 N.B.R.(2d) 385 (CA);

    436 R.N.-B.(2e) 385; 1139 A.P.R. 385

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2015] N.B.R.(2d) TBEd. JN.032

Renvoi temp.: [2015] N.B.R.(2d) TBEd. JN.032

The Law Society of New Brunswick, a body corporate (appellant) v. Philip C. Mix (respondent)

(119-13-CA; 2015 NBCA 37)

Indexed As: Mix v. Law Society of New Brunswick

Répertorié: Mix v. Law Society of New Brunswick

New Brunswick Court of Appeal

Richard, Quigg and Green, JJ.A.

May 21, 2015.

Summary:

Résumé:

Mix was a practicing lawyer in New Brunswick. The Law Society of New Brunswick received complaints from Mix's clients. Following a hearing, the Law Society disbarred Mix and ordered him to reimburse the Law Society the costs of the proceedings (approximately $90,000). Mix declared bankruptcy on August 16, 2006 and was discharged in November 2008. Mix sought to be readmitted to the Law Society in April 2012. The Law Society advised that he would have to pay the $90,000 before his application for reinstatement would proceed to the Admissions Committee for consideration. Mix applied for relief.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at 412 N.B.R.(2d) 154; 1070 A.P.R. 154, ordered the Law Society to follow s. 29 of the Law Society Act and rule 52 and present Mix's application for reinstatement to the Admissions Committee. The Law Society appealed.

The New Brunswick Court of Appeal dismissed the appeal.

Barristers and Solicitors - Topic 451

Admission to practice - Reinstatement - General - Mix was a practicing lawyer in New Brunswick - The Law Society of New Brunswick received complaints from Mix's clients - Following a hearing, the Law Society disbarred Mix and ordered him to reimburse the Law Society the costs of the proceedings (approximately $90,000) - Mix declared bankruptcy on August 16, 2006 and was discharged in November 2008 - Mix sought to be readmitted to the Law Society in April 2012 - The Law Society advised that he would have to pay the $90,000 before his application for reinstatement would proceed to the Admissions Committee for consideration - Mix applied for relief, asserting that the Limitation of Actions Act, the doctrine of laches and the bankruptcy legislation precluded any recovery of any of the expenses and costs - The application judge ordered the Law Society to follow s. 29 of the Law Society Act and rule 52 and present Mix's application for reinstatement to the Admissions Committee - The Law Society appealed, asserting that the trial judge erred in failing to find that Mix' bankruptcy rendered him "ineligible for reinstatement to the Law Society as he cannot comply with subsection 29(1) of the Law Society Act, 1996" - The New Brunswick Court of Appeal dismised the appeal - The Act was clear - A person who had been disbarred could apply for reinstatement if that person satisfied the Admissions Committee with respect to the requirements of s. 29(1) of the Act and therefore it was the Admissions Committee that could reinstate a former member who had been disbarred if satisfied the conditions set out in s. 29(1) had been met - It was the only reasonable interpretation of the readmission scheme set out in the Act and the Rules - Thus, the application judge was correct in deciding as he did.

Avocats et notaires - Cote 451

Admission à la pratique - Réintégration - Généralités - [Voir Barristers and Solicitors - Topic 451 ].

Counsel:

Avocats:

John D. Townsend, Q.C., for the appellant;

Philip C. Mix appeared in person.

This appeal was heard on May 21, 2015, by Richard, Quigg and Green, JJ.A., of the New Brunswick Court of Appeal. The following judgment of the Court of Appeal was delivered orally on the same date.