Tribunal shares milestones achieved in disciplinary proceedings
The Law Society of British Columbia Tribunal released its 2023 annual report highlighting its efforts in handling disciplinary cases and licensing applications.
Throughout the year, the LSBC Tribunal tackled 85 disciplinary, licensing, extraordinary action, and review files involving 61 individuals, encompassing over 277 misconduct allegations. The allegations varied, including money-laundering concerns, mishandling of client funds, misleading representations, conflicts of interest, and breaches of obligations to the LSBC.
The tribunal conducted 42 hearings and continued proceedings over 70+ days, covering various aspects such as facts and determination, disciplinary actions, review costs, and extraordinary action proceedings. Additionally, there were 55 preliminary applications and conferences handled by motions adjudicators, addressing issues ranging from document disclosure to dismissal of citations.
Regarding outcomes, 28 hearing files were closed in 2023, resulting in significant sanctions, including disbarments, suspensions, and fines. Notably, one review file saw the overturning of a finding of professional misconduct while upholding the overall sanction for other proven misconduct.
Efforts to expedite proceedings were evident, with an average of two years between the issuance of a citation and the issuance of a disciplinary decision or final resolution. The tribunal introduced a case management program to streamline processes, ensuring timely scheduling of hearings and resolutions of cases.
Despite the challenges, the tribunal’s decisions were subject to scrutiny in the Court of Appeal. The report highlighted five decisions from that court, affirming what it says was its ability to rectify procedural errors, emphasize the importance of credible evidence, and provide guidance on legal interpretations.
Moreover, to enhance accessibility and reduce costs, all hearings were conducted via video conference since July 2022. However, modifications were made in January 2024, mandating in-person hearings for matters exceeding four days. Technological updates allowed for hybrid hearings, accommodating both in-person and remote participation.
Also, in 2023, the LSBC Tribunal took significant steps to enhance transparency and gather feedback on its practices and procedures. The inaugural meetings of the chairs roundtable facilitated discussions with hearing participants, the public, and tribunal staff. At the same time, anonymous surveys were conducted among past and present participants and adjudicators to solicit input on improving processes and accessibility. Subsequently, the tribunal chair incorporated the feedback into updated practice directions and published additional instructions and guides on the tribunal website. The website saw an average of 160 daily visitors, primarily from Canada but also from various countries worldwide.
