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Discipline Decision – 2013

http://www.canlii.org/en/nl/nlls/doc/2013/2013canlii67543/2013canlii67543.html

Summary

TAKE NOTICE THAT an Adjudication Tribunal of the Disciplinary Panel of the Law Society of Newfoundland and Labrador, having conducted a hearing pursuant to the Law Society Act, 1999, found A. Douglas Moores, QC of Bay Roberts, Newfoundland and Labrador, guilty of conduct deserving of sanction.  Mr. Moores entered a guilty plea to allegations concerning his role in eleven real estate transactions in which there were indicators of potential mortgage fraud.  The Complaint did not allege that Mr. Moores knowingly participated in assisting or facilitating mortgage fraud by others and did not allege any dishonesty by Mr. Moores.  The misconduct arose from the degree by which Mr. Moores delegated responsibility for the real estate transactions to his legal assistants, and associated with that, his failure to ensure that he retained and properly exercised responsibility when requests were made for credits against the purchase prices of the properties.

The Adjudication Tribunal ordered, pursuant to subsection 49(2) of the Law Society Act, 1999 that:

  1. ) A. Douglas Moores, QC shall be suspended for a period of three months beginning October 19, 2013;
  2. ) For a period of two years following the expiry of the period of suspension the Executive Director may, as often and at such times as she may determine in her discretion, order audits of the real estate transaction files of A. Douglas Moores, QC; and
  3. ) A. Douglas Moores, QC shall pay costs in the amount of $40,000, plus HST, to be paid prior to Mr. Moores’ resumption of practice following the period of suspension.

In accordance with the Adjudication Tribunal’s Order, A. Douglas Moores, QC is not entitled to practice law during the period October 19, 2013 through January 19, 2014, inclusive.