回复: 非常有意思的文章准备来萨省的都要看看
这里还有更精彩的:
Notice of Disbarment - Matthew V. R. Merchant
June 11,2009
On January 30, 2007, a Hearing Committee disbarred Mr. Matthew V.R. Merchant who resides in Calgary, Alberta, and practised in Calgary. A Notice to the Profession dated January 31, 2007, was issued with respect to that disbarment.
Subsequently, Mr. Merchant applied to the Court of Queen’s Bench of Alberta for a judicial review of the Hearing Committee’s decision. An interim stay of the disbarment was granted by the Court on February 9, 2007, pending the determination of Mr. Merchant’s application for judicial review. Accordingly, a further Notice to the Profession was issued, dated February 20, 2007, pursuant to Rule 106(5) of the Rules of the Law Society of Alberta.
The Court of Queen’s Bench of Alberta ultimately granted the judicial review and the Law Society appealed that order. On October 10, 2008, the Alberta Court of Appeal reversed the order quashing the January 30, 2007, disbarment.
The Court of Appeal extended a grace period for Mr. Merchant to apply under Section 75 of the Legal Profession Act for a stay of his disbarment pending his appeal to the Benchers. On November 12, 2008, Mr. Merchant applied to the Hearing Committee for a stay, and it was granted on strict conditions which included the following practice restrictions:
1. He is to have no direct contact with clients either in person or in writing;
2. He is to make no appearances or any filings in any court; and,
3. He is to sign no trust cheques or in any way handle trust property.
On June 4, 2009, the Hearing Committee, on application by the Law Society, found that Mr. Merchant was in breach of the practice restriction that he was not to sign any trust cheques or in any way handle trust property. Consequently, the Hearing Committee vacated the stay of the disbarment.
As a result, Mr. Merchant stands disbarred, effective immediately.
There was no direction by the Hearing Committee to appoint a custodian, as Mr. Merchant practised with partners who will be responsible for his practice.
R. Gregory Busch
Director, Lawyer Conduct
Law Society of Alberta