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Chatham

Chatham paralegal suspended for professional misconduct

A paralegal in Chatham has been reprimanded and will have to pay $5,152 to the Law Society of Ontario for professional misconduct.

The Law Society Tribunal stated in a report that Bradley Ian Dinning failed to cooperate with an investigation, which was prompted after five complaints were made.

The complaints were in relation to landlord and tenant matters, a personal injury proceeding, and a land transfer. Complaints were filed by clients as well as a staff member of the Provincial Offences Office in Windsor.

The Law Society brought up the allegation of professional misconduct against Dinning on January 23, 2020, after he reportedly failed to cooperate in the investigation between July and October 2019.

Material for a hearing on May 29, 2020, was due by May 22. The tribunal's report states that Dinning sent information a few minutes before and after midnight on May 22. Although there was outstanding information, Dinning testified that he thought he emailed a large attachment to the investigator and couldn't explain why it was not received.

During a video conference on May 29, the tribunal found that Dinning had "satisfied information requests for one complaint", however, four were outstanding.

"He admitted that he had not responded as requested. Given the evidence contained in the affidavits and the paralegal’s admission, I found that the alleged misconduct had been established," read the tribunal report.

Even though Dinning apologized and admitted that the matter warranted a penalty, he said a suspension would be "devastating to him." Dinning said he was dealing with unaddressed health concerns which attributed to problems in meeting deadlines. However, the panel found there was no evidence to support that claim.

"Unfortunately, no corroborating evidence was offered on any of these issues. In the absence of medical reports, character evidence, letters of support, documents or any third-party corroboration, it is hard to give weight to the Paralegal’s bald assertions of extenuating circumstances. None have been established," read the report.

Credit was given to Dinning in that he had no prior discipline history.

"The panel ordered indefinite suspension until compliance was achieved, to be followed by a one-month suspension," read the report.

As announced by the Law Society Tribunal on July 27, Dinning will have to pay the $5,152 by December 31, 2020. If payment isn't made by then, interest will accrue on any unpaid part of the costs at two per cent each year.

Dinning became a licenced paralegal in 2012.

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