Law Society of British Columbia v. Hanson

Law Society of British Columbia v. Hanson

Hanson knowingly and blatantly performed acts that meet the statutory definition of the practice of law, held himself out as a lawyer, and thereby deliberately contravened the 16 October 1984 injunction; the Law Society proved contempt beyond a reasonable doubt and a custodial sentence plus community service is necessary for deterrence and protection of the public.

Citation
2004 BCSC 825
Parties
Plaintiff (applicant): The Law Society of British Columbia; Defendant (respondent): Leonard Hanson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 June 2004
Procedural Posture
Application for Civil Contempt (unauthorized Practice of Law) / Judgment and Sentencing (oral Reasons)
Outcome
Defendant declared in contempt of court for breaching the October 16, 1984 injunction; committed to one month imprisonment and ordered to complete 100 hours community service by June 10, 2005; special costs awarded to the Law Society.
Legal Topics
Unauthorized Practice of Law, Contempt of Court, Definition of Practice of Law, Sentencing for Contempt, Disbarment
Source Language
English
Legal Profession Civil Contempt Injunctions Professional Discipline Unauthorized Practice of Law Contempt of Court Definition of Practice of Law Sentencing for Contempt +1 more

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Parties

The Law Society of British Columbia

Plaintiff (applicant)

Leonard Hanson

Defendant (respondent)

Procedural Posture

Application for Civil Contempt (unauthorized Practice of Law) / Judgment and Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether Hanson's conduct constituted the practice of law as defined by the Legal Professions Act
  2. 2 Whether Hanson knowingly and deliberately breached the 1984 injunction prohibiting him from practising law
  3. 3 Whether the Law Society proved contempt beyond a reasonable doubt

Ratio Decidendi

Hanson knowingly and blatantly performed acts that meet the statutory definition of the practice of law, held himself out as a lawyer, and thereby deliberately contravened the 16 October 1984 injunction; the Law Society proved contempt beyond a reasonable doubt and a custodial sentence plus community service is necessary for deterrence and protection of the public.

Court Disposition

Defendant declared in contempt of court for breaching the October 16, 1984 injunction; committed to one month imprisonment and ordered to complete 100 hours community service by June 10, 2005; special costs awarded to the Law Society.

Orders

  • Declare Leonard Hanson in contempt of court for breaching the injunction dated October 16, 1984.
  • Commit Leonard Hanson to a period of incarceration of one month.