The Law Society of British Columbia found misconduct
On April 3, 2012, [complainant] NC had been to a wake at a Saint John, New Brunswick funeral home. Her evidence is that as she was about to get into her vehicle, a black SUV backing up towards her hit her lower back, left side, forcing her up against her car. She looked right and was facing the back passenger side window. The SUV was continuing to back up. She yelled “You hit me! I am trapped!” She was on her toes to avoid being crushed. She pounded on the SUV but it continued to back up. The driver of the SUV yelled “I’m sorry” and then the rear right bumper of the SUV struck the rear left panel of her vehicle, causing considerable damage. She testified that the passenger window of the SUV was open and that her eyes met those of the passenger in the front seat. She was screaming.
According to NC, the driver of the SUV put his arm out of his window, yelled “Sorry, I’m sorry”, and drove off. NC collapsed in pain and was “screaming hysterically”. A witness who saw the incident got the license plate number of the SUV and gave it to her. NC called 911.
The Respondent has been on the Society’s non-practicing role since January 2014. On April 3, 2012, he was still practicing. He had been in a Court hearing that morning before going to the Portland Pub for lunch. He testified that he had a meal and a beer before going to a wake at the same funeral home with an acquaintance.
The Respondent’s evidence was that he was at the funeral home for about 15 minutes, around 2-2:15 p.m. He was to pick up his children at 3:30 p.m. and was in no particular rush. He testified that as he was backing up onto the street, he heard screaming. He stated that he did not realize NC had been hit and trapped or that his vehicle had hit her vehicle. The SUV he was driving was rather large. He yelled “Sorry” and drove off.
In response to questions from the Panel, the Respondent testified that a block down the road, he stopped his vehicle to inspect whether he had hit anything. There were no scrapes on his truck. He could hear NC screaming. He decided to go on his way. His counsel says he wanted to avoid a confrontation with NC.
The police eventually ascertained that the offending vehicle was owned by the Respondent and issued him a ticket pursuant to 126 of the MVA. The Respondent did not appear on the return date of the ticket and was deemed guilty by a Provincial Court Judge on June 15, 2012. He was fined $292.50 and assessed five points against his driver’s license.
On May 24, 2012, NC lodged a complaint against the Respondent with the Society. Initially, NC “wanted an apology more than anything else.” The Respondent, who now acknowledges that his SUV hit NC and her vehicle, has been willing to apologize but did not want to do so without the authority of his insurer. Understandably, this was very frustrating for NC who still does not understand why it took so long.
When the matter went to the Society’s Complaints Committee, it was apparently suggested by a member of that committee that an apology might go a long way to resolving the matter. On October 28, 2013, the Respondent having received permission from his insurer issued an apology. The apology notwithstanding, the Complaints Committee referred the matter to the Discipline Committee on December 17, 2013.