N.S. Barristers' Society reviews new complaint in Knowledge House case
Review of National Bank lawyer David Coles to determine if condcut was “an obstruction of justice"
The Nova Scotia Barristers' Society may have to review the conduct of some of its lawyers following last week's Court of Appeal decision in the Knowledge House Case.
On May 14, the court ordered National Bank Financial to pay $3 million in punitive damages to four investors who were caught up in the collapse of Knowledge House Inc.
Before the Court of Appeal reviewed the case, investor Lowell Weir had complained to the Bar Society about the conduct of the bank's lawyers. The Society did not proceed with the complaint.
Weir filed a new complaint this week, and asked the Bar Society to consider whether the conduct of National Bank lawyer David Coles was, in fact, "an obstruction of justice."
"It's too early to tell how we will deal with matters that have been dealt with previously," said Darrel Pink, executive director of the Nova Scotia Barristers' Society. "However, as you know, we have received a complaint in light of the specific findings of the Court of Appeal. And that complaint will now be dealt with in accordance with our normal processes."
While Pink can't discuss details of the complaint, he says it's being carefully reviewed.
"When we receive a complaint we review it and determine what the nature, of the investigation needs to be," he says. "The decision of the court of appeal was in excess of 100 pages. We're looking at it and will determine how best to investigate the complaint … And we will then determine and advise parties, the complainant and the lawyers involved, how the matter will be dealt with by us."
In light of the Appeal court ruling, Weir also intends to file new complaints about the conduct of lawyers with the Securities Commission who also kept information away from the court for more than seven years.