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Regional wrap-up INVESTIGATIVE DELAYS RESULT IN DISMISSAL OF DISCIPLINE CASE A Law Society of Upper Canada hearing panel dismissed a disciplinary case against lawyer Eugenio Totera because the investigation into his case took too long. He claims he suffered severe emotional and psychological distress during the five-year probe ���The law society can���t leave lawyers��� licensing hanging in the wind for five years or for three years or for four years before they even let the lawyer know that they���re going to be prosecuted,��� says Totera���s counsel Bradley Teplitsky. ���It���s not fair and it���s not in accordance to the principles of natural justice.��� The law society first contacted Totera on March 27, 2006, over professional misconduct allegations in relation to 12 real estate transactions. But it wasn���t until March 22, 2011, that the law society issued a notice of application for professional misconduct. It alleged Totera had failed to be on guard against ���becoming the tool or dupe of unscrupulous clients��� and ���participated in or knowingly assisted his clients��� in fraudulent or dishonest conduct. It also alleged Totera had breached Rule 2.02(1) by failing to be honest and candid when advising lender clients. For his part, Totera argued the panel should dismiss the case against him because he wasn���t aware at the time that the mortgage lenders were committing fraud and had almost no experience in real estate transactions. In his affidavit, Totera said the case took a ���physical and emotional toll��� on him, and he had been suffering from chronic depression, insomnia, an increase in teeth grinding, and anxiety. The hearing panel concluded one of the reasons behind the delay related to a staffing change after Totera���s case moved to a new investigator, Joan DiGregorio, in February 2008. That was two years after he received notice of the investigation. Currently, the law society has 57 members on its investigative staff. According to LSUC spokeswoman Susan Tonkin, the length of time it takes to complete an investigation depends on a ���number of factors,��� including ���the complexity of the matter and the availability of witnesses.��� In its ruling, the hearing panel found DiGregorio was working on 52 cases. Although she had two assistants, the panel concluded DiGregorio was ���not given the resources required��� to act upon her assigned cases. During the hearing, counsel for the society noted the regulator has ���limited funding and resources��� and said it was ���not feasible��� to increase fees to licensees in order to boost its investigative capacity in ���so short a period of time.��� But with the hearing set for Feb. 27, 2012 ��� six years after the LSUC initially contacted Totera ��� the panel found ���the society was guilty of both unnecessary general and unnecessary individual delay��� that was mostly the result of ���systemic��� issues. ���One of the most fundamental duties of the society as a self-governing body is to govern in the public interest,��� wrote panel chairman James Wardlaw. ���If it wishes to remain a self-governing body, it has to be prepared to spend the money to carry out the most 10 March 2013 www.CANADIAN L a w ye r m a g . c o m fundamental of its obligations.��� Totera���s case isn���t unusual, says William Trudell, who represents many lawyers in disciplinary proceedings. He believes the LSUC���s investigation team ���works hard,��� but the regulator needs to resolve systemic issues. ���I think that there has to be a greater attempt to look at lawyers as human beings who make mistakes and I don���t think that our law society does a really good��job of that in the front end,��� says Trudell. ��� Breanne Nicholson West New Alberta Provincial Court chief set for swearing in W ith Alberta���s current Provincial Court Chief Judge Gail Vickery stepping down in May there was little surprise when Edmonton provincial court judge Terrence (Terry) Matchett was named as her replacement. As the former deputy minister of justice and deputy attorney general (appointed by then-minister of Justice, now Premier Alison Redford incidentally), Matchett is a well-known name even though he has been on the Bench for less than four years. Matchett���s appointment has been welcomed. He is generally seen as intelligent and fair-minded. D���Arcy Depoe, president of the Criminal Trial Lawyers��� Association, believes Matchett���s considerable experience in the justice system will be useful in his new role. In Depoe���s view ���the bar looks upon his appointment very favourably.��� Matchett graduated in law from the University of New Brunswick in 1977. He started out as a criminal defence lawyer but fairly quickly moved into the Crown���s office. He became a respected prosecutor in both Saskatchewan and Alberta and was appointed to the Alberta Provincial Court bench in July 2008. His appointment as chief judge is for seven years. The chief judge���s main role is to manage the Provincial Court and ensure its efficiency as well as act an advocate for the court and attend to other administrative duties. Matchett is a fan of the Edmonton Oilers and the city���s annual Indy race. He is married with two adult children. ��� Geoff Ellwand writerlaw@gmail.com