Case information
Consult our database for details on a Supreme Court of Canada case.
40018
A Lawyer v. Law Society of British Columbia
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-08-02 | Close file on Leave | |
| 2022-08-02 | Correspondence (sent by the Court) to, both parties, Re: certificate of taxation | |
| 2022-08-02 | Certificate of taxation issued to, J. Kenneth McEwan Q.C. | |
| 2022-08-02 | Decision on the bill of costs, in the amount of $860.59, Reg | |
| 2022-08-02 | Submission of the bill of costs, Reg | |
| 2022-06-01 |
Bill of costs, (Letter Form), Missing: Filing Fee (rec' 07/28/22) Proof of Service (rec' 07/21/22), Completed on: 2022-08-02, (Printed version due on 2022-06-08) |
Law Society of British Columbia |
| 2022-05-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-05-12 | Judgment on leave sent to the parties | |
| 2022-05-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47517, 2021 BCCA 437, dated October 29, 2021 is dismissed with costs. Dismissed, with costs |
|
| 2022-03-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-07 | Certificate (on limitations to public access), (Letter Form), (for reply), (Printed version filed on 2022-02-14) | A Lawyer |
| 2022-02-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-02-09, (Printed version filed on 2022-02-14) | A Lawyer |
| 2022-01-31 | Notice of name, (Letter Form), (Printed version filed on 2022-02-24) | Law Society of British Columbia |
| 2022-01-31 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-02-24) | Law Society of British Columbia |
| 2022-01-31 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-02-24) | Law Society of British Columbia |
| 2022-01-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-09, (Printed version filed on 2022-02-24) | Law Society of British Columbia |
| 2021-12-31 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-12-31 | |
| 2021-12-24 |
Certificate (on limitations to public access), (Letter Form), 23B Proof of service require rec'd 2021-12-29 , (Printed version filed on 2021-12-24) |
A Lawyer |
| 2021-12-24 |
Certificate (on limitations to public access), (Letter Form), 23A Proof of service require rec'd 2021-12-29 , (Printed version filed on 2021-12-24) |
A Lawyer |
| 2021-12-24 | Application for leave to appeal, (Book Form), Proof of service require rec'd 2021-12-29 , Completed on: 2021-12-31, (Printed version filed on 2021-12-24) | A Lawyer |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| A Lawyer | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Law Society of British Columbia | Respondent | Active |
Counsel
Party: A Lawyer
Counsel
Savannah Hamilton
Rajit Mittal
2400-200 Granville Street
Vancouver, British Columbia
V6C 1S4
Telephone: (778) 372-6784
FAX: (604) 691-6120
Email: cveinotte@cassels.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9665
FAX: (613) 783-9686
Email: david.elliott@dentons.com
Party: Law Society of British Columbia
Counsel
Emily Kirkpatrick
Saheli Sodhi
900-980 Howe Street
Vancouver, British Columbia
V6Z 0C8
Telephone: (604) 283-7988
FAX: (778) 300-9393
Email: kmcewan@mcewanpartners.com
Summary
Keywords
Charter of Rights — Search and seizure — Applicant challenged the scope of the investigation under s. 36 of the Legal Profession Act, S.B.C. 1998, c. 9 and the constitutionality of the related search of his firm’s files — Whether the lower courts erred in interpreting s. 36(b) of the Legal Profession Act and Rule 4-55 and in concluding that they are Charter-compliant — Should the protections this Court has identified as necessary when a lawyer’s office is searched, and privileged or confidential material is seized, be relaxed or eliminated when the purpose of the search is professional regulation by a Law Society — Should the legality of a search reviewed within a judicial review proceeding be assessed on a “Charter values” approach, and if so does this analysis vary in any substantive way from an approach focusing on Charter rights — s. 8 of the Canadian Charter of Rights and Freedoms.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Law Society of British Columbia investigated the applicant lawyer’s practice pursuant to an order issued under Rule 4-55 of the Legal Profession Act, S.B.C. 1998, c. 9. The applicant challenged the scope of the investigation under s. 36 of the Legal Profession Act and the constitutionality of the related search of his firm’s files. The applicant’s petition was dismissed. The applicant’s appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 914, S202432
Applicant’s petition dismissed
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 437, CA47517
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available