A former mayoral candidate for Campbell River is barred from practicing law permanently in British Columbia after losing a legal battle with the Law Society of British Columbia (LSBC).
Saron Gebresellassi, a lawyer who originally ran for mayor of Toronto in 2018, represented an owner of a nightclub in Prince George who violated public health orders during the COVID-19 pandemic lockdown. At the time of her representation, Gebresellassi lived in Campbell River campaigning for mayor and was not authorized to practice law in British Columbia.
Lawyers from out of province are only temporarily allowed to practice in another province under a mobility agreement, provided they meet certain conditions. This includes not establishing an "economic nexus" in the province they are visiting, which means opening an office. Gebresellassi violated this by opening an office in Campbell River. She was also called to the BC Bar in April 2021, however, she terminated her license three-and-a-half months later and has not been licensed by the LSBC since.
According to the LSBC, Gebresellassi's response was to ask for all correspondence to be in French, which the LSBC declined. Due to her failure to respond, the LSBC informed her she could not legally practice law.
However, Gebresellasi did not obey and accepted a $10,000 retainer in Campbell River.
Mayoral candidates also require residency, which was a concern the LSBC raised in their petition filed on March 25, 2024. They also raised this directly with Gebresellassi when they sent her a letter in December 2022 and again in February 2023, when they inquired about the number of days she provided legal services in the province.
The court documents list her address as the United People of Canada's Toronto office. UPOC is a federally registered party where she serves as their in-house lawyer.
The Supreme Court of Canada came to its conclusion on Sept. 13.
"By consent, until she becomes a member in good standing of the Law Society of British Columbia or obtains an inter-jurisdictional practice permit from the Law Society of British Columbia, Saron Gebresellassi is permanently prohibited and enjoined from engaging in the practice of law in British Columbia as defined in section 1 of the Legal Profession Act, S.B.C. 1998, c. 9...," reads the order through Madam Justice Sharma.
On Sept. 11, Gebresellassi sought an order adjourning the hearing of a petition scheduled on Sept. 13. The date was already planned due to an agreement through her staff, but she claimed she was booked for a trial in Ontario.
"However, the respondent provides no details with respect to the Ontario trial, does not provide any evidence with respect to when that trial was booked, does not provide the notice of trial, and does not provide the court file number," reads the court document released on Sept. 20.
Furthermore, the court document cites the Ontario trial started on Sept. 9, and says no evidence was given as to how the respondent got a day off trial for the hearing. It also cites problems regarding the double booking for a trial date on July 18, 2024. The letter was not sent to counsel for the Law Society until July 30. It also did not include an email cover page with the exact date and time the letter was sent, leading the Court to question that a 14-day trial was scheduled in Ontario after the date for the hearing on Sept. 13 was finalized.
"In her submissions, the respondent expresses concerns about whether there were suspicions being cast upon her. I can assure the respondent that the court's suspicions are simply with respect to the quality of the evidence that is before the court today," reads the document. "The evidence is inadequate in that the respondent has failed to provide a full account of how the Sept. 13, 2024 hearing date was chosen, and how that date became apparently unavailable due to this double-booking of a trial in Ontario."
Gebresellassi attended the hearing remotely but with some technological problems. The hearing started at 2:20 p.m. but the Court took a break at 2:31 p.m. so she could restart her computer. The Court calls this "a colossal waste of court resources."
Even more frustrating for the Court was the revelation that Gabresellassi was actually in the courthouse, sitting in a private room in the law library, where the hearing was taking place the entire time.
"Any reasonable person would conclude that the respondent appeared remotely because she was not in the jurisdiction. Not only was the respondent in British Columbia, [but she] was in the actual courthouse during the hearing. Such conduct and lack of candour is deplorable."
Furthermore, she did not disclose where she was. A counsel for the LSBC recognized the room Gabresellassi was in and asked if that is where she was. She refused to answer where she was to the court, but later materialized in person during the afternoon recess, giving up after being found out.
"That type of conduct is reprehensible, but fundamentally, the reprehensible conduct starts with the lack of candour in the evidence that was put before the court today, and by lack of candour, I mean lack of completeness," reads the court's documents.
The court denied Gebresellassi's effort to adjourn the Sept. 13 hearing. She made herself available for the hearing.
Gebresellassi signed the order, effectively concluding the matter.
Under these conditions, Gebresellassi is not allowed to appear as counsel or advocate, draw, revise or settle legally binding documents, negotiate any type of settlements or settle claims, agree to place at the disposal of another person the services of a lawyer, give legal advice, make an offer to anything referred above, or making a representation that she is qualified to do anything referred to above.
