Sask CA Decision: Merchant v Law Society of Saskatchewan

Evatt Francis Anthony Merchant v Law Society of Saskatchewan, [2014] SKCA 56

OTTENBREIT J.A.

I. INTRODUCTION

[1] This case concerns Evatt Francis Anthony Merchant (“Mr. Merchant”), a lawyer who has been disciplined by the Law Society of Saskatchewan pursuant to The Legal Profession Act, 1990, S.S. 1990-91, c. L-10.1 (the “Act”) and the Law Society Rules. A Law Society of Saskatchewan Hearing Committee (the “HC”) on December 12, 2011, determined he was guilty of conduct unbecoming in respect of a two count amended formal complaint that
he did:

(i) breach a Court Order of Mr. Justice Smith dated June 4, 2003 (the “Smith order”) that required his firm to pay certain settlement proceeds due to his client, M.H., into court pending determination of a related family property issue; Reference Chapter XIII of the Code of Professional Conduct
(ii) counsel and/or assist his client, M.H., to act in defiance of a Court Order of Mr. Justice Smith dated June 4, 2003; Reference Chapter XIII of the Code of Professional Conduct

The full decision

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