Law society fails to stop lawsuit alleging malicious prosecution, abuse

However, the society’s appeal division overturned the revocation, even though it found the prosecution had been reasonable and done in good faith.

Robson nevertheless sued the law society and its investigators for negligence, malicious prosecution and abuse of public office. The lawyer, who failed to have the society pay $750,000 in costs he said he spent fighting his licence revocation, is seeking $120 million in various damages in his current lawsuit.

The regulatory body sought to have the claim thrown out — before any trial on its merits — arguing essentially the suit was vexatious and had no prospect of success.

In his ruling this week, Justice Stephen Firestone refused to dismiss the malicious prosecution claim but said Robson would have to provide more details as to the alleged malice involved.

“The pleading is vague,” Firestone wrote. “It lacks specified allegations and particulars of the improper purpose and ulterior motive alleged.”

Similarly, Firestone said the unproven claim related to abuse of public office could proceed if properly clarified, saying the society needs to know exactly what case it has to meet. But he rejected the society’s argument that the lawsuit was an abuse of process.

The justice gave Robson — a civil litigation lawyer in practice since 1983 — two months to file an amended statement of claim.

Firestone did strike down Robson’s claim of negligent investigation, saying the society is immune from such actions as long as the probe was not done in bad faith. He also urged the two sides to agree on costs.

Speaking for the law society, Denise McCourtie said the organization was reviewing Firestone’s decision before deciding on next steps.

“Mr. Robson’s allegations have not been substantiated,” McCourtie said in an email Friday. “The law society will be responding as necessary.”

Robson has dropped jaws over his communications with the society.

At various points, he used an expletive to refer to members of a society panel, sent along a video of a cat playing dead, accused the agency of being a “stinking steaming giant hypocritically conflicted turd,” and compared himself to Jews in Nazi Germany.

The society is trying to suspend his licence in light of a slew of complaints related to his “abusive” behaviour toward other lawyers or members of the society’s tribunal.

His communications were at the “extreme end of the spectrum,” the chairwoman of the Law Society Tribunal hearing division observed in June.

Colin Perkel, The Canadian Press

by Canadian Press

Law society fails to stop lawsuit alleging malicious prosecution, abuse

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