Discipline Decision – 2005

http://www.canlii.org/en/nl/nlls/doc/2005/2005canlii44372/2005canlii44372.html

Summary

On November 16, 2005, pursuant to section 48(3) of the Law Society Act, 1999 an Adjudication Panel of the Discipline Committee of the Law Society found Glenn C. Bursey of Gambo, NL, guilty of conduct deserving of sanction.  By Order of the Adjudication Panel dated November 22, 2005 Mr. Bursey was disbarred and ordered to pay one-third of the expenses incurred by the Law Society in relation to the Complaints relating to him and William J. Parsons.

The Complaint alleged that Mr. Bursey’s conduct constituted a breach of the Law Society Rules respecting trust accounts and also was contrary to the Code of Professional Conduct in that Mr. Bursey did fail to act with integrity; did fail to act with impartiality and to avoid conflict of interest between clients; did fail in his duty respecting preservation of clients’ property; did fail in his responsibility to the profession generally; did fail in his responsibility to lawyers individually; and did fail to avoid questionable conduct.  Mr. Bursey entered a guilty plea to the Complaint.

The Agreed Statement of Facts filed with the Panel stated inter alia:

From in or about October, A.D., 2000 until in or about October, A.D., 2003, Glenn C. Bursey was an associate with William J. Parsons Law Office, in Mount Pearl, in the Province of Newfoundland and Labrador.

While Glenn C. Bursey was an associate with William J. Parsons Law Office he acted on approximately seventeen (17) real estate transactions on behalf of Myles-Leger Ltd.

While Glenn C. Bursey was an associate with William J. Parsons Law Office he acted on or assisted another member of William J. Parsons Law Office with ten (10) real estate transactions.

Glenn C. Bursey failed to fulfill trust conditions and his undertakings with respect to the discharge of mortgages and used trust monies for purposes not in accordance with trust conditions.

The Adjudication Panel found that Mr. Bursey was aware of the misappropriation for a period of approximately two and one-half years while practising with Mr. Parsons.  The Panel noted that Mr. Bursey’s misconduct went from omission in not acting to stop the scheme to commission by actively participating in it.  Therefore, the Panel concluded that disbarment was the appropriate sanction.