Lawyers licensed in one province can temporarily practice in another under a mobility agreement
The Law Society of British Columbia (LSBC) is seeking a court order to ban Ontario lawyer Saron Gebresellassi from practising in BC until she becomes a member in good standing of the Society or obtains an inter-jurisdictional practice permit.
The LSBC filed a petition, asserting that Gebresellassi, who was called to the Ontario bar in 2014 and briefly to the BC bar in April 2021, terminated her BC license after three and a half months. Since then, she has not been licensed by the LSBC.
Under a national mobility agreement, lawyers licensed in one province can temporarily practice in another, provided they meet certain conditions, including not establishing an "economic nexus" in the new province. The LSBC alleged that Gebresellassi violated this condition by opening an office in Campbell River, BC.
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The LSBC's petition also suggested that Gebresellassi may have campaigned for mayor in Campbell River, which requires residency. In December 2022, the LSBC raised these concerns and, in February 2023, requested a record of the days she provided legal services in BC. Visiting lawyers from reciprocating provinces can practice for up to 100 days annually in BC, while other out-of-province lawyers are limited to 20 days and no more than 10 cases.
Gebresellassi asked if the LSBC's correspondence could be provided in French. The LSBC advised that it would communicate only in English and, by April 2023, informed Gebresellassi that she was prohibited from practising due to her failure to promptly respond to their requests for information.
Despite this prohibition, an affidavit claimed Gebresellasi represented a client after meeting her at the courthouse steps in Campbell River. She collected a $10,000 retainer. Although she filed an application for a hearing on the matter, it did not proceed due to filing errors. The petition alleged that she subsequently invoiced the client for $34,796.54.
In her responses, Gebresellassi argued that Ontario lawyers can practice in BC for up to 100 days per year without a permit. She claimed to have provided five days of service in BC in 2022 and nine days in 2023. She also stated that she applied for reinstatement in November 2023, which the LSBC has not yet processed.
Gebresellassi did not directly address the Campbell River office issue but argued that, according to the Canadian Free Trade Agreement, the BC Labour Mobility Act takes precedence over the BC Legal Profession Act.
Gebresellassi represented Learn to Earn Bartending and Consulting Inc. in a dispute over two tickets issued by the Liquor and Cannabis Regulation Branch in September 2021 for alleged COVID-19 restriction violations. The tickets, issued for "dancing and congregating" at Lambda Cabaret (now Club 1177), carry fines of up to $4,300.
Gebresellassi's request to have the trial heard in French was denied because Learn to Earn’s sole director, Linda Allen, conducts her affairs in English. On March 11, Learn to Earn was found guilty of both violations, but a Charter of Rights and Freedoms application is scheduled for June 12.