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DIVISION 1 – PRACTICE STANDARDS AND LAWYER ASSISTANCE PROGRAMS
43 The benchers may
(a) establish practice standards and issue practice directions;
(b) establish or adopt a code of conduct for lawyers, law firms and students;
(c) establish and maintain, or otherwise support, a system of legal education, including the following:
(i) a bar admission program,
(ii) a continuing legal education program,
(iii) a remedial legal education program,
(iv) a loss prevention program,
(v) courses for lawyers from foreign jurisdictions seeking the right to practise law in Manitoba; and
(d) take any steps they consider advisable to promote and improve standards of practice, including the following:
(i) granting scholarships, bursaries or loans to persons enrolled in a program of legal education,
(ii) establishing and maintaining, or providing support to, a law school or a law library,
(iii) participating with another institution, such as the University of Manitoba, in a system for the instruction and examination of students enrolled in a legal education program of the society or the other institution,
(iv) publishing or providing support for the publication of legal materials, including court and other legal decisions,
(v) providing support to legal education and research or other purposes considered by the benchers to be in the interests of the legal profession or the public.
44 The benchers may
(a) establish and maintain programs to assist lawyers in handling or avoiding personal, emotional, medical or substance abuse problems; and
(b) establish and maintain programs to assist lawyers on issues arising from the practice of law.
DIVISION 2 – PROFESSIONAL LIABILITY CLAIMS FUND
“Professional liability claim” defined
45(1) In this section, “professional liability claim” means a claim against a member for an amount of money that the member is legally obligated to pay as damages
(a) arising out of the performance of professional services for another person in the member’s capacity as a lawyer; and
(b) caused by the member or any other person for whose acts the member is legally liable.
Professional liability claims fund continued
45(2) The professional liability claims fund of the society is continued and may be referred to as the “claims fund”.
45(3) The purpose of the claims fund is to pay professional liability claims in accordance with this section and the rules.
45(4) The property of the claims fund
(a) is the property of the society;
(b) must be accounted for separately from other funds of the society;
(c) is not subject to any process of seizure or attachment by a creditor of the society; and
(d) is not subject to a trust in favour of a person who makes a professional liability claim.
Professional liability insurance
45(5) The society may enter into a group insurance contract under which the insurer will be required to pay all or any part of a professional liability claim that would otherwise be payable out of the claims fund, and may be required to pay all or any part of the expenses of adjusting, settling and paying a professional liability claim, including legal fees and disbursements.
45(6) Subject to the rules, the society may make the following payments out of the claims fund:
(a) amounts payable under or in connection with an insurance contract mentioned in subsection (5), including
(i) expenses of negotiating and entering into the contract,
(ii) premiums payable under the contract, and
(iii) reimbursement of the insurer for payments made in connection with professional liability claims;
(b) to the extent that it is not paid or payable by an insurer under a contract referred to in subsection (5),
(i) all or any part of a professional liability claim, and
(ii) any expense of adjusting, settling and paying a professional liability claim, including legal fees and disbursements;
(c) expenses of administering the fund;
(d) any other amounts the society requires to be paid for the purposes of this section.
45(7) The benchers may make rules respecting the claims fund, including rules respecting contributions to and payments out of the fund.
DIVISION 3 – REIMBURSEMENT FUND
46(1) The reimbursement fund is continued.
46(2) The purpose of the reimbursement fund is to compensate claimants who have sustained pecuniary losses because of a member’s or law corporation’s misappropriation or wrongful conversion of the claimants’ money or property.
Property of reimbursement fund
46(3) The property of the reimbursement fund
(a) is the property of the society;
(b) must be accounted for separately from other funds of the society;
(c) is not subject to any process of seizure or attachment by a creditor of the society; and
(d) is not subject to a trust in favour of a person who claims to have sustained a loss.
47(1) The benchers may pay compensation out of the reimbursement fund to a claimant only if they are satisfied that
(a) money or other property was entrusted to or received by
(i) a law corporation, or
(ii) a member in his or her capacity as a lawyer;
(b) the corporation or member misappropriated or wrongfully converted the money or other property; and
(c) the claimant sustained a pecuniary loss as a result of that misappropriation or wrongful conversion.
Reimbursement is discretionary
47(2) When the benchers receive a claim for compensation out of the reimbursement fund, they may
(a) use the reimbursement fund to compensate the claimant for all or any part of his or her loss, on any terms they consider appropriate; or
(b) refuse to compensate the claimant.
47(3) When a claimant is compensated out of the reimbursement fund, the society has all the rights of recovery of the claimant. The society may bring an action in its own name, alone or in a joint action with the claimant, to enforce those rights.
Application of money recovered
47(4) If the society or the claimant recovers money or other property for the claimant’s loss, the recovered money or property must be paid or applied as follows:
(a) first, to cover the legal costs and fees incurred in recovering it; and
(b) second, to compensate the reimbursement fund for the compensation paid to the claimant.
The balance, if any, belongs to the claimant.
47(5) The benchers may make rules respecting the reimbursement fund, including rules respecting contributions to and payments out of the fund.
Interjurisdictional reimbursement program
48(1) The benchers may participate with governing bodies of the legal profession in other Canadian jurisdictions in programs to compensate persons who sustain pecuniary losses by reason of misappropriation or wrongful conversion of property entrusted to or received by lawyers or their professional corporations in the course of practising law outside the jurisdiction in which they are members of the legal profession.
Funding interjurisdictional program or losses
48(2) The benchers may use money from the reimbursement fund referred to in section 46
(a) to contribute to a program referred to in subsection (1); and
(b) to reimburse, in whole or in part, persons who sustain pecuniary losses by reason of a misappropriation or wrongful conversion, by a member or law corporation, of property entrusted to or received by the member or law corporation in the course of practising law outside of Manitoba.
DIVISION 4 – FINANCIAL ACCOUNTABILITY
Rules re financial responsibility
49(1) The benchers may make rules that
(a) require members to establish and maintain trust accounts and general accounts;
(b) regulate the investment of funds held in trust by members;
(c) require members to keep financial records, including records with respect to money and other property entrusted to or received by them for the benefit of clients or other persons in the course of practising law;
(d) provide for the audit, review or examination of files, books, records and accounts of a member;
(e) require a member to provide the chief executive officer or any other person designated by the benchers with a report on the files, books, records and accounts, and to produce any of those files, books, records or accounts, on demand, to the chief executive officer or any other person designated by the benchers;
(f) require a member to answer questions about the files, books, records and accounts.
49(2) Rules made under clause (1)(b) apply despite subsection 68(1) of The Trustee Act.
50(1) A member who receives money in trust from or for a client must deposit it in an interest-bearing pooled trust account, unless the member
(a) does not receive it as lawyer for the client; or
(b) deposits or invests it in accordance with subsection (4).
50(2) Interest earned on the pooled trust account belongs to The Manitoba Law Foundation. The member responsible for the account must direct the financial institution where the account is kept to remit the interest, less accrued service or other charges pertaining to the operation of the account, to the foundation.
Not required to account for interest
50(3) No member is required to account to a client for interest remitted to the foundation under subsection (2).
50(4) If directed by his or her client to do so, a member who receives money in trust from or for a client must deposit it in a separate interest-bearing trust account or investment on behalf of the client, and account to the client for the interest earned on it.
51(1) A member who has held money in trust for more than three years may pay it to the society if
(a) the money is not attributed to any person in the member’s or corporation’s records; or
(b) where the money is attributed to one or more persons in those records, but all reasonable efforts to locate the persons have failed.
Liability for trust money extinguished
51(2) When a member pays money to the society under this section, the member’s liability to pay the money to any other person is extinguished.
51(3) Funds paid to the society under this section
(a) are not the property of the society;
(b) must be held, together with the interest earned on them, for the benefit of the person or persons entitled to them;
(c) must be accounted for separately from the funds of the society; and
(d) are not subject to any process of seizure or attachment by a creditor of the society.
51(4) Subject to subsection (6), the society must pay money held under this section to a person who establishes to the satisfaction of the society that he or she is entitled to it.
Appeal to Court of Queen’s Bench
51(5) If the society is not satisfied that a person claiming money under this section is entitled to it, the society must notify the person in writing of its decision. The person may appeal the decision to the Court of Queen’s Bench within 30 days after receiving the notice. The court, after hearing the appeal, may make any order it thinks fit, including an order as to costs.
51(6) When money paid to the society under this section has been held by it for 10 years, the money and the interest earned on it become the property of the society.
DIVISION 5 – LAWYERS’ FEES
Court’s power to tax or revise costs
52 Nothing in this Act or the rules limits a court’s power with respect to the taxation or revision of a bill of costs.
Client may apply for assessment
53 A client may, at any time within six months after receiving a bill from a member, apply to the Court of Queen’s Bench for an assessment of the bill, or of a bill previously rendered in respect of the same matter.
54(1) The benchers may make rules respecting the charging of interest on fees, charges and disbursements.
Change of interest on taxation
54(2) On the taxation of a bill of fees, charges and disbursements, the taxing officer may, if he or she considers it just to do so,
(a) disallow interest; or
(b) fix a rate of interest that is less than the maximum rate authorized under the rules;
in respect of the whole or any part of the amount allowed on the taxation.
Meaning of “contingency contract”
55(1) In this section, “contingency contract” means a contract between a member and a person (referred to in this section as “the client”) under which the member is to receive or retain, as remuneration for services rendered or to be rendered to the client, in lieu of or in addition to other remuneration for those services,
(a) a portion of the proceeds of the subject matter of the action or proceedings in which the member is or will be acting for the client;
(b) a portion of the money or property in respect of which the member is or may be retained or employed; or
(c) a commission or a percentage of
(i) the amount recovered or defended, or
(ii) the value of the property that is the subject of a transaction, action, or proceeding.
55(2) A contingency contract may be made whether or not an action or proceeding has been commenced or is contemplated.
Requirements on making contingency contract
55(3) At the time of making a contingency contract, the member must provide to the client
(a) a copy of the contingency contract; and
(b) a copy of subsections (5) and (7).
55(4) A member who has not complied with subsection (3) is not entitled to any remuneration exceeding that to which the member would have been entitled without the contingency contract.
Application for declaration that contract unfair
55(5) The client may, at any time within six months after the remuneration provided for in the contingency contract is paid to or retained by the member, apply to the Court of Queen’s Bench for a declaration that the contract is not fair and reasonable to the client.
55(6) The judge hearing the application may take evidence orally or by affidavit.
55(7) If the judge hearing the application is satisfied that the contingency contract is not fair and reasonable to the client, the judge must
(a) declare the contract void;
(b) order the costs, fees, charges, and disbursements of the member in respect of the business done to be taxed as if no contingency contract had been made; and
(c) if the member has received or retained more than the amount so taxed, order repayment of the excess to the client.
DIVISION 6 – CUSTODIANSHIP
56 The following definitions apply in this Division.
“court” means the Court of Queen’s Bench. (« tribunal »)
“custodian” means a person appointed under this Division as custodian of a member’s property. (« gardien »)
“member” includes a former member. (« membre »)
“property”, in relation to a member, means any negotiable instrument, financial account, cash, money on deposit, file, record or other document or chattel that
(a) relates to the member’s practice; or
(b) is in the possession or control of the member or the member’s estate and relates to the business or affairs of a client or former client of the member. (« biens »)
Court order appointing custodian
57(1) A judge of the court may, upon application by the society, make an order appointing a person to
(a) take custody of a member’s property; and
(b) manage the member’s practice or wind it up.
57(2) The order may be made if the judge is satisfied there are reasonable grounds to believe that
(a) the member is no longer authorized or able to practise law;
(b) a corporation through which the member is or has been practising is no longer authorized to practise law;
(c) the member has absconded or is otherwise improperly absent from a location at which he or she ordinarily practises;
(d) the member’s practice has been neglected for an undue period of time;
(e) the member, or a corporation through which the member is or has been practising, has insufficient trust money to meet the member’s or the corporation’s trust liabilities; or
(f) other sufficient grounds exist for making the order.
57(3) The order may authorize a sheriff or bailiff
(a) to enter any premises in which the judge is satisfied there are reasonable grounds to believe that any of the member’s property is located;
(b) to open any safety deposit box or other receptacle on the premises; and
(c) to seize all or any of the member’s property and place it in the custody of the custodian.
57(4) After a custodian is appointed, a judge of the court may, upon application by the society or any interested person, do one or more of the following:
(a) remove the custodian and appoint another custodian;
(b) give directions to the custodian or any person in possession of the member’s property on how to deal with the property;
(c) determine the validity of a claim for a solicitor’s lien;
(d) limit or extend the time for doing anything required to be done under this section or under the order.
57(5) An application for an order under this section may be made without notice, or with notice as required by the court.
57(6) An order under this section must be served on the member, or the member’s estate, and as directed by the court.
Responsibility of person served
57(7) A person who is served with a copy of the order may deal with the member’s property only as directed by the sheriff or bailiff, the custodian or the court.
Custodian to give notice of property held
58 As soon as practicable after taking custody of a member’s property, the custodian must identify everyone who the custodian thinks has an interest in the property, and must notify each of them that
(a) anyone with an interest in the property may request the custodian, in writing, to release the property to them or deal with it in the manner they specify; and
(b) in some circumstances, the member may claim a lien on the property.
59(1) To claim a solicitor’s lien against any of his or her property, the member must give written notice of the claim, with particulars, to the custodian within 30 days after being served with the order. If the notice is not given on time, any lien that the member might have had against the property is extinguished.
Custodian to give notice of claim
59(2) On receiving notice of a claim of a solicitor’s lien, the custodian must give written notice of the claim to each person who the custodian thinks has an interest in the property. The notice must advise them of the right to apply to the court for a determination of their rights to the property.
59(3) Unless the court orders otherwise, the custodian may release the member’s property to a person claiming an interest in it if failing to release the property would materially prejudice the person’s position in an uncompleted matter, even though a solicitor’s lien may have been or could be claimed against the property.
60 No action or proceeding may be commenced against the society, an officer of the society, a bencher or a custodian, or a person acting on behalf of any of them, for any thing done or not done in good faith under this Division.
61 A judge of the court may award costs against a member, his or her estate or any other person in respect of proceedings under this Division, but no costs shall be awarded against a custodian, the society, its officers or the benchers, or a person acting on behalf of any of them, in respect of a proceeding taken in good faith under this Division.
Recovery of expenses by society
62 Unless the court orders otherwise, the society is entitled to recover from a member who is the subject of an order under this Division, or the member’s estate, any expense incurred by the society in carrying out the order, including any fee or disbursement paid to the custodian.
DIVISION 7 – COMPLAINTS AND DISCIPLINE GENERALLY
63 The following definitions apply in this Division and Divisions 8, 9 and 11.
“charge” means a charge of incompetence, professional misconduct, or conduct unbecoming a lawyer or student, as the case may be. (« accusation »)
“conduct” includes an act or omission. (« conduite »)
64(1) The society has disciplinary jurisdiction over
(a) members in respect of their conduct in Manitoba or in any other jurisdiction;
(b) lawyers from foreign jurisdictions in respect of their conduct in the course of practising law in Manitoba;
(c) the competence of members to practise law in Manitoba or in any other jurisdiction; and
(d) the competence of lawyers from foreign jurisdictions to practise law in Manitoba.
Member disciplined in foreign jurisdiction
64(2) A member may be disciplined under this Act even if he or she is or has been subject to a disciplinary proceeding in a foreign jurisdiction in respect of the same or related conduct.
65 The benchers may make rules
(a) to establish consequences for contravening this Act or the rules;
(b) to prescribe which contraventions of this Act or the rules may constitute professional misconduct.
DIVISION 8 – COMPLAINTS AND INVESTIGATIONS
66 The benchers must establish a complaints investigation committee and processes for
(a) receiving and responding to complaints or other information concerning the conduct or competence of members; and
(b) investigating a member’s conduct, competence or practice.
67 For the purpose of conducting an investigation of a member under this Division, the chief executive officer, the complaints investigation committee or any person designated by either of them may request, and is entitled to obtain, any file or record regarding a client or former client of the member that is reasonably required to further the investigation, whether or not the file or record or any part of it is
(a) subject to solicitor-client privilege; or
(b) the subject of a charge or complaint.
Committee may suspend or impose conditions
68 The complaints investigation committee may do one or more of the following:
(a) issue a formal caution to the member;
(b) direct that a charge be laid against the member and referred to the discipline committee;
(c) if the committee considers it necessary for the protection of the public, and after directing that a charge be laid,
(i) impose restrictions on the member’s practice of law or suspend him or her from practising law pending completion of the investigation and any disciplinary proceeding that may follow, and
(ii) direct the publication of the name of the member, the nature of the matter being investigated and the suspension or practice restrictions imposed on the member;
(d) take any other action permitted by the rules.
Confidentiality of complaints and proceedings
69(1) All complaints received or under investigation and all proceedings of the complaints investigation committee must be kept confidential.
69(2) Despite subsection (1),
(a) details of the complaint, information obtained through the investigation of the complaint and records of the proceedings and decisions of the committee may be disclosed for the purpose of a hearing on a charge related to the complaint and any appeal from the decision made at that hearing;
(b) the chief executive officer may disclose to the Minister of Justice of Manitoba and the Minister of Justice of Canada, or to persons designated by either or both of them, information that the chief executive officer considers necessary for the purpose of a judicial appointment;
(c) the president or the chief executive officer, or a person designated by either of them, may disclose the following to the members, to the governing body of the legal profession in a foreign jurisdiction, to the public or any combination of them:
(i) the name of the member who is the subject of the complaint, investigation or charge and the name of any law corporation of which the member is a director, officer or shareholder,
(ii) the complaint or charge against the member,
(iii) when clause 37(1)(c) or 68(c) applies, that restrictions have been imposed on a member’s practice or that a member has been suspended from practising law, pending completion of the investigation and any disciplinary proceeding that may follow, and the reasons for doing so, if applicable,
(iv) the list of scheduled hearings referred to in provision 10 of subsection 71(1); and
(d) the president, the vice-president, the chief executive officer or the chair or vice-chair of the complaints investigation committee have a duty to disclose to a law enforcement authority any information about possible criminal activity on the part of a member that is obtained during an investigation under this Division.
DIVISION 9 – DISCIPLINE PROCEEDINGS
70 The benchers must establish a discipline committee and make rules about its duties and powers that are consistent with this Act. The rules
(a) must require disciplinary hearings to be conducted by a panel of committee members;
(b) may permit preliminary disciplinary proceedings to be conducted by a panel or a single committee member; and
(c) may permit any other duties and powers given to the discipline committee under the Act or the rules to be carried out by a panel or a single committee member.
Provisions applicable to hearings
71(1) The following provisions apply to a hearing on a charge under this Division.
Subpoena
- At the request of the society or the member, the chair of the discipline committee may subpoena a witness to attend the hearing or to produce books, documents or other things at the hearing.
Witness allowance
2. A witness at the hearing is entitled to the same allowance as a witness at a trial before the Court of Queen’s Bench.
Witness testimony
3. The testimony of a witness must be taken under oath or by affirmation. The chair of the panel is to administer the oath or affirmation.
Examination of witnesses
4. Counsel for the society and counsel for the member charged may examine their own witnesses and cross-examine witnesses adverse in interest, including the deponent of an affidavit or statutory declaration submitted as evidence.
Rules of evidence
5. The rules of evidence that apply in a civil proceeding in the Court of Queen’s Bench apply at the hearing. But an affidavit or statutory declaration is admissible and, in the absence of evidence to the contrary, is proof of the statements in it.
Failure to attend
6. If the member charged has been given notice of the hearing in accordance with the rules, the hearing may proceed in the member’s absence, and the panel may, without further notice to the member, take any action it could have taken with the member present at the hearing.
Evidence of criminal or other conviction
7. A certified copy of a conviction or order under the seal of the court or signed by the convicting judge or the Clerk of the Provincial Court is conclusive evidence that the person identified in it as the offender committed the crime or offence stated, unless it is shown that the conviction or order has been quashed or set aside.
Evidence of conviction by other disciplinary authority
8. A certified copy of a decision of a disciplinary authority of another Canadian jurisdiction that finds a member guilty of incompetence, professional misconduct or conduct unbecoming a lawyer or student under the laws, rules or code of conduct applicable to the practice of law in that jurisdiction is, in the absence of evidence to the contrary, proof of that guilt.
Hearing to be public
9. The hearing must be open to the public unless the panel makes an order under section 78.
List of scheduled hearings made available
10. A list of scheduled hearings must be made available to the public upon request.
Failure of witness to attend or give evidence
71(2) Proceedings for civil contempt of court may be brought against a witness who
(a) fails to comply with a subpoena;
(b) refuses to be sworn or to affirm; or
(c) refuses to answer any question that the panel directs him or her to answer.
Consequences of professional misconduct or conduct unbecoming
72(1) If a panel finds a member guilty of professional misconduct or conduct unbecoming a lawyer or student, it may do one or more of the following:
(a) if the member is a lawyer, disbar the member and order his or her name to be struck off the rolls;
(b) if the member is a student,
(i) expel the student and order his or her name to be struck off the student register,
(ii) deny the student the opportunity to write the required examinations,
(iii) defer the student’s admission as a lawyer,
(iv) attach conditions to the student’s admission as a lawyer;
(c) for any period the panel considers appropriate,
(i) confirm, vary or impose restrictions on the member’s practice, or
(ii) suspend the member from practising law;
(d) order the member to pay a fine;
(e) order the member to pay all or any part of the costs incurred by the society in connection with any investigation or proceedings relating to the matter in respect of which the member was found guilty;
(f) reprimand the member;
(g) permit the member to resign his or her membership and order his or her name to be struck off the rolls;
(h) if the member is a director, officer or shareholder of a law corporation, revoke or suspend the corporation’s permit, or impose conditions on the permit;
(i) apply for a variation of any custodial order made under Division 6 (Custodianship);
(j) rescind or vary any order made or action taken under this subsection;
(k) make any other order or take any other action the panel thinks is appropriate in the circumstances.
72(2) If a panel finds a member guilty of incompetence, it may do one or more of the following:
(a) if the member is a lawyer, disbar the member and order his or her name to be struck off the rolls;
(b) if the member is a student,
(i) expel the student and order his or her name to be struck from the student register,
(ii) deny the student the opportunity to write the required examinations,
(iii) defer the student’s admission as a lawyer until he or she satisfies the panel that he or she is competent to practise law,
(iv) attach conditions to the student’s admission as a lawyer;
(c) confirm, vary or impose restrictions on the member’s practice or suspend the member from practising law, until the member satisfies the panel that he or she is competent to practise law;
(d) order the member to pay a fine;
(e) order the member to pay all or any part of the costs incurred by the society in connection with any investigation or proceedings relating to the matter in respect of which the member was found incompetent;
(f) reprimand the member;
(g) permit the member to resign his or her membership and order his or her name to be struck off the rolls;
(h) if the member is a director, officer or shareholder of a law corporation, revoke or suspend the corporation’s permit, or impose conditions on the permit;
(i) order the member to take instruction or submit to examinations, or both, as the panel considers appropriate;
(j) rescind or vary any order made or action taken under this subsection;
(k) make any other order or take any other action the panel thinks is appropriate in the circumstances.
Order of fine or costs may be filed as court order
72(3) An order under this section to pay a fine or costs or an order under section 73 to pay a fine may be certified by the chief executive officer and filed in the Court of Queen’s Bench. Upon filing, the certified copy may be enforced as a judgment of the court.
Additional consequences: law firm
73(1) If a panel finds a member guilty of incompetence, professional misconduct or conduct unbecoming a lawyer or student in connection with his or her practice as a member, associate or employee of a law firm, the panel may, in addition to anything it may do under section 72, reprimand the firm or order it to pay a fine of not more than $100,000., or both.
73(2) If a panel finds a law firm guilty of contravening this Act, the rules or the code of conduct, the panel may do one or more of the following:
(a) reprimand the firm;
(b) order the firm to pay a fine of not more than $100,000;
(c) make any other order or take any other action the panel thinks is appropriate in the circumstances.
73(3) The benchers may prohibit a member from practising law in Manitoba as a member, employee or associate of a law firm that has not paid a fine imposed on it under this section.
74 A member is guilty of professional misconduct under this Act if,
(a) as a result of disciplinary proceedings in another Canadian jurisdiction,
(i) the member is disbarred or permitted to resign his or her membership in the legal profession of that jurisdiction,
(ii) the member is suspended from practising law in that jurisdiction,
(iii) conditions are imposed on the member’s practice of law in that jurisdiction, or
(iv) the disciplinary authority in that jurisdiction declares that the member would have been disbarred, permitted to resign, suspended from practising law or had conditions imposed on the member’s practice of law if he or she had been a member of the legal profession in that jurisdiction; or
(b) the member contravenes an order of a disciplinary authority of another Canadian jurisdiction having jurisdiction over the member.
DIVISION 10 – APPEALS
75(1) A member whose right to practise law in Manitoba is suspended under section 68 may appeal the suspension to a judge of the Court of Queen’s Bench.
75(2) The appeal must be commenced within 30 days after the member or his or her counsel is given notice of the suspension in accordance with the rules.
75(3) If the appeal is denied, the member may appeal the decision of the Court of Queen’s Bench to The Court of Appeal within 30 days after being served with a copy of decision.
76(1) Subject to subsection (2), any of the following decisions may be appealed to The Court of Appeal:
(a) a decision under section 72 to do any of the following:
(i) to disbar, expel or suspend a member,
(ii) to revoke or suspend the permit of a law corporation,
(iii) to reprimand a member,
(iv) to order a member to pay a fine or costs,
(v) to impose restrictions or conditions on a member’s practice of law;
(b) a decision to refuse to issue a practising certificate, or a practising certificate free of conditions;
(c) a decision under subsection 73(1) or (2).
Appeal by society to Court of Appeal
76(2) The society may appeal to The Court of Appeal any decision of the discipline committee, a panel of the committee or a single committee member, but only on a question of law.
76(3) An appeal under this section must be commenced
(a) in the case of an appeal under clause (1)(a) or (c), within 30 days after being served with a copy of the decision or order being appealed;
(b) in the case of an appeal under clause (1)(b), within 14 days after being notified of the refusal to issue the practising certificate;
(c) in the case of an appeal under subsection (2), within 30 days after the making of the decision or order being appealed.
DIVISION 11 – PRIVILEGE
Solicitor-client privilege applies
77 A person who, in exercising a power or performing a duty under this Act or the rules, obtains information that is subject to solicitor-client privilege claimed by a member has the same obligation respecting the information as the member. But the person obtaining the information may disclose it for the purpose of an investigation, hearing or appeal under this Part.
Exclusion of members of public
78(1) A committee, panel or court considering a complaint, charge or appeal under this Part may make an order excluding members of the public from a hearing if it thinks that
(a) exclusion is necessary to prevent the disclosure of information that is subject to solicitor-client privilege; or
(b) the public interest in the disclosure of other information is outweighed by the interest of the public or any person in preventing the information from being disclosed.
How and when order can be made
78(2) The committee, panel or court may make the order on its own motion, or on the application of any person having an interest in the information to be disclosed. The order or application may be made before the hearing begins or at any time during the hearing.
79 Repealed]
80 The society may publish any decision or order made under section 72 or 73, or any part or summary of such decision or order, and the reasons for it, despite the fact that members of the public may have been excluded from the disciplinary hearing or part of the hearing. Publication under this section may be to members, to the governing body of the legal profession in a foreign jurisdiction, to the public or to any combination of them.
Exclusion of public to preserve privilege
81(1) On any application made or appeal taken to the Court of Queen’s Bench or The Court of Appeal under this Act, the court may exclude members of the public from the hearing of the application or appeal if information that is likely to be disclosed at the hearing could be subject to solicitor-client privilege.
Disclosure of information in judgment
81(2) In giving reasons for judgment on an application made or an appeal taken under this Act, the court shall take all reasonable precautions to avoid disclosing any information that is subject to solicitor-client privilege and shall, if appropriate, order that the relevant court records be sealed.
82(1) The benchers may make rules that protect solicitor-client privileged records obtained or provided in the course of any investigation or proceeding under this Act from being disclosed except as permitted in this Act. The benchers may require that the rules apply to anyone who obtains or is given such records.
Privileged records not to be produced
82(2) In any legal proceeding other than one commenced under this Act, a person in possession of solicitor-client privileged records that were obtained or provided to the person in the course of an investigation or proceeding under this Act cannot be compelled to produce those records or to answer any question about them.
DIVISION 12 – EXTENSION OF APPLICATION
Application of Divisions extended
83(1) Divisions 4 to 11 apply, with the necessary changes, to the following persons as if they were members:
(a) law corporations;
(b) lawyers from foreign jurisdictions who are practising law in Manitoba under the rules relating to interjurisdictional practice.
Application of Part to law firms
83(1.1) If the benchers make rules respecting law firms, this Part applies, with necessary changes, to law firms as if they were members to the extent provided for in the rules.
83(2) Any rules made by the benchers under Divisions 4 to 11 may be made applicable to the following persons or entities as if they were members:
(a) law corporations;
(b) lawyers from foreign jurisdictions who are practising law in Manitoba under the rules relating to interjurisdictional practice;
(c) law firms.
