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Discipline Decision – 1983


It was alleged that Hinchey had, as trustee under a will:

  1. ) Removed from the province without the knowledge of his co-trustee, the cash value (approximately $60,000.00) and other property of the Estate,
  2. ) Invested the cash value in a manner grossly negligent in a security in which Hinchey had a personal interest,
  3. ) Failed to provide a proper accounting to his co-trustee and failed to return the cash value and assets to the province,
  4. ) Acted in a fashion that was grossly or willfully negligent in managing the interest of the trust.

After a hearing into the matter, the Panel of the Discipline Committee concluded that the lawyer was guilty of professional misconduct and recommended disbarment. Benchers adopted the findings of fact reported by the Discipline Committee and found him guilty of professional misconduct and conduct unbecoming a member of the Law Society. Benchers disbarred the lawyer and ordered that he pay the expenses incurred by the Society in the investigation and hearing.