Discipline News

May 2020

• Notice of Suspension – Estes Fonkalsrud (May 14, 2020)

April 2020

• Notice of Suspension – James Delber Turner, Q.C. (April 17, 2020)

February 2020

• Notice of Hearing – Garth Buitenhuis (February 18, 2020)

December 2019

• Notice of Suspension – Eric Tollefson (December 20, 2019)

November 2019

• Notice of Hearing – Eric Tollefson (November 19, 2019)

October 2019

• Notice of Hearing – James Turner Q.C. (October 9, 2019)

August 2019

• Court of Appeal Decision – Ajit Kapoor (August 30, 2019)

July 2019

• Notice of Suspension – Russell Milton Peet (July 30, 2019)
• Resignation instead of continued proceedings – James Niel Halford (July 19, 2019)

June 2019

• Notice of Suspension – George Combe (June 26, 2019)
• Reinstatement and Practice Conditions – Nathan Phillips (June 11, 2019)
• Resignation instead of continued proceedings – Wayne Gary Webb (June 6, 2019)

May 2019

• Penalty Decision – Roch Dupont (May 1, 2019)

April 2019

• Notice of Interim Suspension – Nathan Phillips (April 3, 2019)

March 2019

• Notice – David MacKay (March 14, 2019)

February 2019

• Notice – Peter V. Abrametz Sr. (February 27, 2019)

January 2019

• Penalty Decision – David MacKay (January 31, 2019)
• Discipline Update – Peter V. Abrametz Sr. (January 22, 2019)
• Discipline Update – Mervin Phillips (January 17, 2019)

May 14, 2020 – Notice of Suspension – Estes Fonkalsrud

A notice of suspension has been released in the matter of The Legal Profession Act, 1990 and the matter of Estes Fonkalsrud.

April 17, 2020 – Notice of Suspension – James Delber Turner, Q.C.

A notice of suspension has been released in the matter of The Legal Profession Act, 1990 and the matter of James Delber Turner, Q.C.

February 18, 2020 – Notice of Hearing – Garth Buitenhuis

A hearing will be held in regard to the discipline matter of Garth Buitenhuis on Tuesday, March 3, 2020 at 9:00 a.m. via conference call.

December 20, 2019 – Notice of Suspension – Eric Tollefson

A notice of suspension has been released in the matter of The Legal Profession Act, 1990 and the matter of Eric Tollefson.

November 19, 2019 – Notice of Hearing – Eric Tollefson

A hearing will be held in regard to the discipline matter of Eric Tollefson on Tuesday, December 3, 2019 at 2:00 p.m. via conference call.

October 9, 2019 – Notice of Hearing – James Turner

A hearing will be held in regard to the discipline matter of James Turner, Q.C. on Monday, November 25, 2019 at 10:00 a.m. via conference call.

August 30, 2019 – Court of Appeal Decision – Ajit Kapoor

The Saskatchewan Court of Appeal has rendered a decision in relation to Law Society of Saskatchewan v. Ajit Kapoor.

Mr. Kapoor’s Appeal was dismissed in its entirety.

July 30, 2019 – Notice of Suspension – Russell Milton Peet

A notice of suspension has been released in the matter of The Legal Profession Act, 1990 and the matter of Russell Milton Peet.

July 19, 2019 – Resignation – James Niel Halford

The Conduct Investigation Committee has released a decision in relation to an Application by James Niel Halford to resign instead of continued proceedings pursuant to Law Society Rule 400.1.

June 26, 2019 – Notice of Suspension – George Combe

A notice of suspension and >order has been released in the matter of The Legal Profession Act, 1990 and the matter of George Combe.

June 11, 2019 – Reinstatement and Practice Conditions – Nathan Phillips

Nathan Phillips has resumed practice, effective June 11, 2019, pursuant to these practice conditions.

June 6, 2019 – Resignation – Wayne Gary Webb

The Conduct Investigation Committee has released a decision in relation to an Application by Wayne Webb to resign instead of continued proceedings pursuant to Law Society Rule 400.1.

May 1, 2019 – Penalty Decision – Roch Dupont

A decision has been released in relation to the matter of Law Society of Saskatchewan v. Roch Dupont.  The following allegations against the Member were proven:

1. Did fail to disclose or account for fees and disbursements charged to his client, PFF, in a timely fashion;
2. Did fail to, within a reasonable time, deliver a bill or other written notification to his client, PFF, in connection with an invoice dated December 30, 2014 rendered to PFF totaling $12,502.03;
3. Did pay out to third parties trust monies held on behalf of his client, PFF, without the knowledge or consent PFF;
4. Did pay out to third parties trust monies held on behalf of his client, PFF, without verifying the validity of the third parties’ claims to said monies;
5. Did, through recklessness, mislead a fellow lawyer, PJ, United States legal counsel for PFF, by stating that he had sent the information PJ was requesting on behalf of PFF, without regard for whether his statements were true or false.

For more information on the Law Society of Saskatchewan discipline proceedings, please visit Discipline Decisions on the Law Society of Saskatchewan website.

April 3, 2019 – Notice of Interim Suspension – Nathan Phillips

A Notice of Interim Suspension, effective April 2, 2019, has been issued by the Conduct Investigation Committee for the Law Society of Saskatchewan in relation to Nathan Phillips.

March 14, 2019 – Notice – David MacKay

David MacKay has filed a Notice of Appeal in relation to his discipline matters. A stay of the discipline order pending appeal was also obtained.

February 27, 2019 – Notice – Peter V. Abrametz Sr.

Peter V. Abrametz has obtained a stay pending appeal in relation to the disbarment ordered by the Law Society of Saskatchewan. The decision of the Court of Appeal and a copy of the Order may be viewed in Discipline Decisions on the Law Society of Saskatchewan website.

January 31, 2019 – Penalty Decision – David MacKay

A penalty decision has been released in relation to the matter of the Law Society of Saskatchewan v. David MacKay. The following allegations against the Member were proven in an earlier phase of the hearing process:

i. did, after agreeing to trust conditions imposed by Lawyer S. in relation to the release of certain settlement funds coming into his possession, fail to comply with those trust conditions by releasing said funds without first ensuring the trust conditions had been met.

The following penalty was imposed by the Committee:

a. DAVID MACKAY is reprimanded;
b. DAVID MACKAY shall pay a fine to the Law Society of Saskatchewan in the amount of $1,000.00;
c. DAVID MACKAY shall pay costs to the Law Society of Saskatchewan in the amount of $11,000.00;
d. IT IS FURTHER ORDERED THAT DAVID MACKAY shall pay the amounts noted above by 4:00 p.m. on April 30, 2019, failing which a suspension shall be imposed until such time as the amounts noted above have been paid in full.

For more information on the Law Society of Saskatchewan discipline proceedings, please visit Discipline Decisions on the Law Society of Saskatchewan website.

January 22, 2019 – Discipline Update – Peter V. Abrametz Sr.

A penalty decision has been released in relation to the matter of the Law Society of Saskatchewan v. Peter V. Abrametz, Sr. The following allegations against the Member were proven in an earlier phase of the Hearing Process:

1. did, in relation to the following clients, effect withdrawals of trust funds for the payment of fees, disbursements or other expenses in a manner contrary to Law Society of Saskatchewan Rule 942(3):a. M.G.;b. E.M.;c. S.F.;d. K.S.;e. A.K.;f. J.M.;g. A.N.; andh. E.H.
2. did knowingly cause trust cheques to be issued to a fictitious person for the purpose of effecting a transfer of trust funds for payment to himself;
3. did fail to maintain proper books and records in relation to his legal practice contrary to Part 13(H) of the Law Society of Saskatchewan Rules in relation to the following client matters:
   a. M.G.;
   b. E.M.;
   c. S.F.;
   d. K.S.;
   e. A.K.;
   f. J.M.;
   g. A.N.; and
   h. E.H.
4. did enter into or continue a debtor/creditor relationship with the following clients (loaning money) when his interests and the interests of those clients were in conflict and failed to ensure that:
   a. the transaction was a fair and reasonable one;b. that its terms were fully disclosed to the client in writing in a manner that is reasonably understood by the client;c. the client was given a reasonable opportunity to seek independent legal advice about the transaction;d. the client consented in writing to the conflict of interest; ande. there was no appearance of undue influence;
   in relation to the following client matters:
   i. A.N.;
   ii. Doris S.;
   iii, Deanna S.;
   iv. R.B.;
   v. L.H.;
   vi. C.J.;
   vii. D.M.;
   viii. D.J.;
   ix. C.M.;
   x. T.H.; and
   xi. R.B.The following penalty was imposed by the Hearing Committee:(a) Pursuant to s. 53(3)(a)(i) of The Legal Professions Act, 1990, Peter Vincent Abrametz is disbarred and prohibited from applying for readmission as a lawyer in Saskatchewan prior to January 1, 2021;(b) Pursuant to s. 53(3)(a)(v) of The Legal Professions Act, 1990, Peter Vincent Abrametz is ordered to pay $58,645.24 in costs to the Law Society of Saskatchewan on or before December 31, 2020; and(c) Should Peter Vincent Abrametz fail to pay any of the ordered costs within the prescribed time he shall be prohibited from applying for readmission as a lawyer.For more information on the Law Society of Saskatchewan discipline proceedings, please visit the Hearings, Decisions and Outcomes section of the Law Society of Saskatchewan website.

January 17, 2019 – Discipline Update – Mervin Phillips

1. did fail to be frank and candid with S.H. in relation to the anticipated costs of S.H.’s legal matter;
2. did fail to serve his client, S.H., in a conscientious, diligent and efficient manner as follows:
   a) he spent time unnecessarily in connection with issues S.H. had instructed him to abandon; and
   b) he required S.H. to make unnecessary and excessive personal attendances at his office;
3. did charge a fee to S.H. that was not fully disclosed, fair and reasonable.
   The following penalty was imposed by the Hearing Committee:
   (a) The Member be suspended for a period of thirty days with the period of suspension to commence on a date as agreed between Counsel for the Conduct Investigation Committee and Counsel for the Member but such period of suspension to commence no later than July 1, 2019;
   (b) The Member to pay costs in the sum of $13,986.84 to the Law Society of Saskatchewan on or before July 1, 2019 failing which an additional suspension from practice will be imposed until full payment has been made.For more information on the Law Society of Saskatchewan discipline proceedings, please visit the Hearings, Decisions and Outcomes section of the Law Society of Saskatchewan website.