Citation issued: October 13, 2021
Aengus Richard Martyn Fogarty
Citations are authorized by the Law Society of BC's Discipline Committee and list allegations against a lawyer that will be considered at a discipline hearing. Please note that allegations in a citation are unproven until a discipline hearing panel has determined their validity.
Nature of conduct to be inquired into:
1. Between approximately November 14, 2019 and November 18, 2019, you affirmed and filed in a Law Society of British Columbia hearing concerning your conduct, an affidavit (the “Affidavit”) that contained false, misleading, or fabricated statements or evidence, including one or more of the following:
(a) paragraph 13 of the Affidavit, which stated that “the W Partnership… offers ‘Pay Master’ Services”, when you knew or ought to have known this was not true or you did not have personal knowledge about this, or both;
(b) Exhibit “C” to the Affidavit, which included purported “website pages” from “the W Partnership”, when you knew or ought to have known that page five of the exhibit was a fabricated document purporting to be a copy of a webpage from the website, or you did not have personal knowledge about whether they were from the website, or both;
(c) Exhibit “C” to the Affidavit, which represented or implied that it depicted the results of a search of the “W Partnership” website, when you knew or ought to have known that this was not true;
(d) paragraph 15 of the Affidavit, which stated that “R & T…openly advertises ‘Paymaster Services’ on its web site”, when you knew or ought to have known this was not true, or you did not have personal knowledge about this, or both;
(e) paragraph 15 of the Affidavit, which stated that a “web search” you “did (on November 11, 2019) revealed paymaster services offered by R & T LLP” and that a copy of purported search results was attached as Exhibit “E”, when you did not do any such web search, or you knew or ought to have known that Exhibit “E” did not contain a copy of results of a web search done by you, or both;
(f) Exhibit “E” to the Affidavit, which purported to represent a copy of a “web search” regarding the R & T web site, when you knew or ought to have known that page four of the exhibit was a fabricated document purporting to be a copy of a webpage from the website, or you did not have personal knowledge about whether they were from the website, or both.
This conduct constitutes professional misconduct or conduct unbecoming the profession, pursuant to section 38(4) of the Legal Profession Act.
2. Since at least June 9, 2021, you have continued to fail to respond fully and substantively to Law Society of British Columbia requests dated June 27, 2018 and July 12, 2018, contrary to one or more of Rules 3-5(7) and 3-5(11) of the Law Society Rules, and rule 7.1-1 of the Code of Professional Conduct for British Columbia.
This conduct constitutes professional misconduct or conduct that would, if you were a member, constitute professional misconduct, or a breach of the Act or rules, pursuant to s. 38(4) of the Legal Profession Act.
3. Since approximately December 9, 2019, you failed to respond fully and substantively to an email dated November 29, 2019 from the Law Society of British Columbia containing requests under Rule 3-5 of the Law Society Rules (the “Rules”), contrary to one or more of Rules 3-5(7) and 3-5(11) of the Rules, and rule 7.1-1 of the Code of Professional Conduct for British Columbia.
This conduct constitutes professional misconduct or conduct that would, if you were a member, constitute professional misconduct, or a breach of the Act or rules, pursuant to s. 38(4) of the Legal Profession Act.