Citation issued: November 8, 2021
Nickolaus Harold MacDonald Weiser
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 January 2013 and September 2016, in relation to the estate of RD (the “RD Estate”), you acted in a conflict of interest when you jointly represented I Inc., a company in which you had a direct or indirect financial interest, and TD, the executor of the RD Estate, in one or more of the following matters, contrary to one or more of rules 2.1-3(b), 3.4-1, 3.4-2, 3.4-5, 3.4-26.1, 3.4-28, 3.4-29, and 3.4-34 of the Code of Professional Conduct for British Columbia and your fiduciary duties to your clients:
(a) the preparation of an $8,000 loan from I Inc. to TD;
(b) the preparation of a mortgage in favour of I Inc. and registered against the title to a property in which TD had an interest; and
(c) a foreclosure proceeding.
This conduct constitutes professional misconduct, contrary to section 38(4) of the Legal Profession Act.
2. In approximately September 2015, in relation to the estate of WB (the “WB Estate”), you acted in a conflict of interest when you jointly represented I Inc., a company in which you had a direct or indirect financial interest, and AB, the executor of the WB Estate, in respect of a $15,000 loan from I Inc. to AB, contrary to one or more of rules 2.1-3(b), 3.4-1, 3.4-2, 3.4-5, 3.4-26.1, 3.4-28, 3.4-29 and 3.4-34 of the Code of Professional Conduct for British Columbia, and your fiduciary duties to your clients.
This conduct constitutes professional misconduct, contrary to section 38(4) of the Legal Profession Act.
3. In approximately September and October 2013, in relation to a refinancing transaction, you acted in a conflict of interest when you jointly represented the borrowers in the transaction, SR and CR, and the lender, I Inc., a company in which you had a direct or indirect financial interest, contrary to one or more of rules 2.1-3(b), 3.4?1, 3.4-2, 3.4-5, 3.4-26.1, 3.4-28, 3.4-29 and 3.4-34 of the Code of Professional Conduct for British Columbia, and your fiduciary duties to your clients.
This conduct constitutes professional misconduct, contrary to section 38(4) of the Legal Profession Act.
4. In approximately September and October 2013, in relation to a refinancing transaction, you acted in a conflict of interest when you jointly represented the borrowers in the transaction, SR and CR, and the lender, S Holdings, contrary to one or more of rules 2.1-3(b), 3.4-1, 3.4-2, 3.4-5, 3.4-26.1, and 3.4-28 of the Code of Professional Conduct for British Columbia, and your fiduciary duties to your clients.
This conduct constitutes professional misconduct, contrary to section 38(4) of the Legal Profession Act.
5. Between approximately August 2014 and June 2016, you borrowed some or all of $366,545 from your client, I Inc., contrary to rule 3.4-31 of the Code of Professional Conduct for British Columbia.
This conduct constitutes professional misconduct, contrary to section 38(4) of the Legal Profession Act.
6. On or about January 10, 2020, in relation to a loan renewal for U Ltd., you failed to act honourably and with integrity when you purported to commit LM to be the personal guarantor for the loan renewal without the knowledge or consent of LM, contrary to one or both of rules 2.2-1 and 2.2-2 of the Code of Professional Conduct for British Columbia. In particular, you:
(a) affixed your signature above the printed name ‘LCAM’ on behalf of U Ltd.; and
(b) affixed your signature above the printed name ‘LCAM’ as personal guarantor.
This conduct constitutes professional misconduct or conduct unbecoming the profession, contrary to section 38(4) of the Legal Profession Act.