By Selwyn A. Pieters, B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)
Attorney-at-Law (Republic of Guyana, Island of Trinidad)
Posted on March 21, 2013
Updated: November 17, 2013
"Davies Bagambiire (1995), of the City of Toronto, was found to have engaged in professional misconduct for:
failing to be on guard against being duped by unscrupulous clients or associated persons with respect to transactions involving five properties;
failing to be honest and candid when advising his clients in connection with one property;
failing to serve his lender clients to the standard of a competent lawyer in connection with one property;
permitting a non-lawyer to use his specially encrypted diskette to access the system for the electronic registration of title documents and disclosing his personalized pass phrase for the electronic registration of title documents.
By Decision and Order dated March 04, 2013 in Law Society of Upper Canada v. Davies Bagambiire, 2013 ONLSHP 55 (CanLII) the hearing panel ordered as follows:
The Respondent shall be suspended for a period of two months, effective November 1, 2013.
The Respondent shall not, effective immediately, engage, directly or indirectly, in the practice of real estate law.
The Respondent shall complete 10 hours of recognized continuing professional development programs in relation to practice management and/or professional responsibility issues, in addition to any other obligations for continuing professional development he has as a licensee, on or before March 1, 2015.
The Respondent shall comply fully with the terms of the Law Society of Upper Canada's Guidelines for Lawyers who are Suspended or have Given an Undertaking Not to Practise while suspended, pursuant to this order.
The Respondent shall pay costs to the Law Society in the amount of $10,000 on or before June 30, 2014, failing which interest will accrue at a rate of 3% per annum thereafter.
(Counsel for the Society, Glenn M. Stuart / Counsel for the Lawyer, Paul Feldman and Eric Turkienicz)"
See also Notice of Restrictions on Practising Certificate: Davies Bagambiire, The Nova Scotia Barristers' Society.
This two month means that Mr. Bagambiire cannot practice law until January 2014 and if he is practicing law duing the period of his suspension this transgression should be reported to the Law Society of Upper Canada.
Davies Bagambiire attempt to have these regulatory proceedings stayed on the basis of delay failed: Law Society of Upper Canada v. Davies Bagambiire, 2012 ONLSHP 122 (CanLII): "In his affidavit the Lawyer states that the delay in the proceedings has had a negative impact on his practice, caused by the time required to locate and produce files for the Law Society, the insecurity and uncertainty of being under investigation and eight years of disadvantage in attempts to expand his practice as he was unable to hire prospective employees due to the stigma of the Law Society investigation."
For his past misconduct history see,
Law Society of Upper Canada v. Davies Bagambiire, 2011 ONLSHP 69 (He was ordered to serve a one-month suspension, to commence 24 December 2010. He was ordered to refund to client TF the $5,000 retainer, by the end of June 2011); Law Society of Upper Canada v. Davies Bagambiire, 2008 ONLSHP 70 (The Lawyer is suspended for two months, commencing March 1, 2008. Upon return to practice, the Lawyer shall be supervised for a period of two years) and See also, Re Bagambiire Formal Hearing Panel Decision, N.S.B.S. 43, November 15, 1990