Pearlman v. Manitoba Law Society Judicial Committee, (1988) 51 Man.R.(2d) 151 (QB)

• Judge: Jewers, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 24, 1988
• Jurisdiction: Manitoba
• Citations: (1988), 51 Man.R.(2d) 151 (QB)

Pearlman v. Man. Law Soc. (1988), 51 Man.R.(2d) 151 (QB)

MLB headnote and full text

David Morley Pearlman (applicant) v. The Manitoba Law Society Judicial Committee (respondent)

(Suit No. 87-01-22995)

Indexed As: Pearlman v. Manitoba Law Society Judicial Committee

Manitoba Court of Queen's Bench

Jewers, J.

February 24, 1988.

Summary:

The Manitoba Law Society commenced disciplinary proceedings against a lawyer for conduct unbecoming a solicitor. The lawyer applied to prohibit the Society from proceeding, alleging delay and lack of jurisdiction.

The Manitoba Court of Queen's Bench dismissed the lawyer's application.

Barristers and Solicitors - Topic 5106

Discipline - Professional misconduct defined - The Manitoba Court of Queen's Bench referred to a definition of conduct unbecoming a solicitor - See paragraph 15 - The court stated further that "what is and what is not professional misconduct is a matter for the benchers to determine as their decision is based on a professional standard which only they, being members of the profession, can properly apply" - See paragraph 16.

Barristers and Solicitors - Topic 5182

Discipline - Disciplinary powers - Jurisdiction of disciplinary body - A lawyer who owned several houses in Winnipeg was ordered by the City to make repairs - The lawyer wrote a number of letters to a city building inspector threatening both civil and criminal action - He also warned the inspector to stay off his property - In a related court action the solicitor was ordered to pay $1,500 in costs to the building inspector, but refused to do so - The Manitoba Law Society commenced proceedings against the lawyer for conduct unbecoming a solicitor for his involvement with the building inspector and his refusal to pay costs - The Manitoba Court of Queen's Bench held that these matters were within the jurisdiction of the Society.

Barristers and Solicitors - Topic 5253

Discipline - Defences - Delay - In 1987 the Manitoba Law Society proceeded with charges of unbecoming conduct against a solicitor respecting conduct between 1976 and 1979 - The Manitoba Court of Queen's Bench held that there was no laches or unreasonable delay where the Society was unaware of the conduct until late 1986 - See paragraphs 8 to 10.

Barristers and Solicitors - Topic 5501

Discipline - Costs - General - The Manitoba Law Society commenced disciplinary proceedings against a lawyer for conduct unbecoming a solicitor - The Society claimed the right to levy costs against him if found guilty - The solicitor argued that the proceedings were contrary to the principles of fundamental justice because the society had a pecuniary interest in finding him guilty and could suffer a pecuniary loss if it found him innocent - The Manitoba Court of Queen's Bench held that there was no violation of the principles of fundamental justice where the Society's bylaw allowing it to levy costs was authorized by the Law Society Act - See paragraph 13.

Cases Noticed:

R. v. Wigglesworth (1988), 81 N.R. 161; 61 Sask.R. 105; 24 O.A.C. 321, refd to. [para. 12].

Bateman v. Association of Professional Engineers of Manitoba (1984), 28 Man.R.(2d) 264, dist. [para. 13].

Wilson v. Law Society of British Columbia, 9 B.C.L.R.(2d) 260, refd to. [paras. 16, 24].

In Re G., [1912] 1 K.B. 302, refd to. [para. 15].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [para. 13]; sect. 11(b) [para. 11].

Code of Professional Conduct (Man. Law Society), ch. 3, rule 8 [para. 23]; ch. 14, rule 3 [para. 20]; ch. 17, rule 7 [para. 18].

Law Society Act, C.C.S.M., c. L-100, sect. 45(4) [para. 13].

Counsel:

S. Green, Q.C., for the applicant;

J. Webster, for the respondent.

This application was heard before Jewers, J., of the Manitoba Court of Queen's Bench, who delivered the following decision on February 24, 1988.