What is the criteria to make out a breach of the Rules of Practice under s. 38(4)(b)(iii) of the BC Attorney General's Act?

British Columbia, Canada


The following excerpt is from May (Re), 2021 LSBC 35 (CanLII):

We accept this as a helpful statement of the criteria to make out a breach of the Rules, within the meaning of s. 38(4)(b)(iii) of the Act, except that we note that later cases have clarified that the absence of loss to a client and the absence of dishonesty in practice are not sine qua non of breaches of the Rules. See, e.g., Law Society of BC v. Guo, 2021 LSBC 20 at para. 54.

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