Jamaica Farewell

The Law Society of Upper Canada Hearing Division Tribunal has ordered an interlocutory suspension of an attorney convicted in Jamaica.

This is a motion for an interlocutory order suspending the licence of Oswald Paul David James (“the Lawyer”). The Law Society relies principally on the Lawyer’s conviction under the Jamaican Larceny Act and disbarment in that country for the fraudulent conversion of $237,500 USD he had received in trust from a client of his law practice in that country. It seeks an interlocutory suspension of the Lawyer’s licence to practise law in Ontario while it conducts its investigation into the Lawyer’s conduct…

The supplementary motion record also contains a letter dated November 2, 2016 from Mr. John Dent, counsel for the Lawyer, consenting to an interlocutory order suspending the Lawyer’s licence to practise law and confirming that the panel has jurisdiction to make the order. He advises, however, that the Lawyer takes no position on whether the Law Society has met the test for an interlocutory order and asks that the Tribunal grant the order without adjudicating the merits of the Law Society’s position that there are sufficient grounds for such an order…

In these circumstances, based on our review of the record and the fact that the Lawyer is represented by counsel, we granted the interlocutory order suspending the Lawyer’s licence, which was sought on consent, without adjudicating the merits of the Law Society’s position that there are sufficient grounds for making such an order. 

The Jamaica Gleaner reported on the conviction and the Jamaica Observer on the unsuccessful appeal. (Mike Frisch)