A Nanaimo lawyer has been handed a $7,500 fine for making comments about a member of the judiciary’s sexual history to his client, according to the Law Society of British Columbia.
Brett Robert Vining, who practices family law, was disciplined for making statements that were “discourteous, uncivil, offensive and disrespectful,” contrary to the Code of Professional Conduct for British Columbia at a hearing earlier this summer.According to an agreed upon statement of facts, during a meeting in the summer of 2021 Vining told his client—referred to as TK—an “alleged rumour” about a judiciary member’s sexual activity, which took place when the member was in university.
Vining, in turn, argued the conversation lasted only a few minutes and that TK’s “full of delight” description was an exaggeration. The panel noted in its decision that Vining’s behaviour “clearly” amounted to professional misconduct because “the comments were gratuitous and uncalled for.” When assessing the disciplinary action against Vining, the panel took his previous conduct into consideration. Namely, that he was reviewed for “rudeness and lack of professional courtesy” in 1991, and for his handling of cash receipts in 2021.
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