Professional Discipline – Page 7

Forensic Computer Hard Drive Analysis

Here is a case that give you a sense of the process involved in hard drive e-discovery: Honour v. Canada (Attorney General), 2008 BCCA 346. This kind of analysis is relevant to all litigation. Look at this case carefully. Remember,…

Real Estate Services Act

by Johannes Schenk / On May 28, 2008 / In Professional Discipline

This case deals with a real estate agent discipline hearing and judicial review. The discipline committee and the appeal body, the Financial Services Tribunal, both made the error of relying on the old repealed statute that had formerly governed the…

Non-Statutory Professional Associations

by Johannes Schenk / On April 16, 2008 / In Employment Law, Professional Discipline

There are two main types of professional associations. Those that exist on the basis of legislation and those that exist on some other basis. Usually there is a Society Act and series of bylaws that dictate internal conduct in the…

Discipline for Incompetence

by Johannes Schenk / On April 15, 2008 / In Professional Discipline

Sheddy v. Law Society of British Columbia., 2007 BCCA 96, has the Court of Appeal overturning a finding of incompetence on the part of a lawyer. The conduct in issue concerned the drafting of an affidavit and the attachment of…

Goodbye Patently Unreasonable?

by Johannes Schenk / On April 11, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law, Professional Discipline

One of the great challenges in administrative law has been determining how far the Court that you are in should go in reviewing a tribunal's decision. The spectrum of review ranges (used to) from correctness to reasonableness simpliciter to patentely…

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