Misconduct Found By Prominent Alberta Attorney

The Alberta Law Society Hearing Committee found misconduct in two citations

Jonathan Denis has a litigation and government relations law practice in Calgary, Alberta. He practiced law from 2001 until he was elected as an [Member of the Legislative Assembly] in 2008. In addition to other portfolios during his tenure as an MLA, he was appointed Solicitor General in 2011 and Justice Minister from 2012 to 2015. In 2015 he resumed his law practice.

Complaint

The following citations were directed to hearing by a Conduct Committee Panel on March 14, 2023:

1)   It is alleged that Jonathan Denis, K.C., acted for RM while in a conflict of interest and that such conduct is deserving of sanction (Citation 1).

2)   It is alleged that Jonathan Denis, K.C. threatened to make a complaint to a regulatory authority in an attempt to gain a benefit for his client, DL, and such conduct is deserving of sanction (Citation 2).

Mr. Denis was contacted by the complainant, Mr. L, in August 2020 about a motor vehicle accident (Accident) his daughter SL and her friend RM had been involved in. Mr. L was the owner of the vehicle SL was driving. The parties met with Mr. Denis to discuss the Accident and a contingency fee agreement was signed by SL. A few days later a contingency fee agreement was signed on behalf RM, a minor, by BM her litigation representative. In late October 2020, Mr. Denis ceased acting for SL. He continued to act for RM and in April 2021, he filed a personal injury claim for injuries sustained in the Accident on behalf of RM, naming, among others, SL and Mr. L as defendants. This conduct is the subject of the first of two citations against him.

In November 2021, Mr. Denis was retained by DL to prepare and send a cease and desist letter (CD Letter) to DN following the end of their extra-marital affair. The CD Letter was sent to DN on November 13, 2021 alleging she was engaging in inappropriate behaviour and demanding that she cease the behaviour failing which a restraining order would be sought. The CD Letter also notes DN’s employment as a peace officer and states “[s]uch conduct may verily fall outside of your code of conduct as part of your profession and our client reserves any and all additional remedies should this conduct continue.” This statement and a further email reiteration of it are the conduct under consideration in the second citation.

Conflict in multiple clients

Mr. Denis breached his duty of loyalty to SL, Mr. L and RM  [section 3.4-1[1]] by acting when there was a conflict of interest. The conflict was evident from the outset as the liability issue was evident from the outset and he should not have agreed to act for both RM and SL knowing the specific liability issue. Nonetheless he did recognize the potential for a conflict and recognized he would have to cease acting for RM if liability was disputed. Had Mr. Denis ceased to act for RM, as he said he would, he may have been able to continue to act for SL as he would not have had to act against or sue RM given the nature of the liability issue. He continued to breach his duty of loyalty to SL and Mr. L while he continued to act for RM, a total period of more than fourteen months.

Threat

There is no other reasonable explanation for the threat of a disciplinary complaint, which if followed through on would not have achieved the desired result, other than to add leverage to their demand that the behaviour cease and to avoid a civil action should the behaviour continue. That the litigation was looming and not yet commenced does not detract from the purpose of the threat or the benefit sought. This is “satisfaction of the private grievance” and the benefit the threat was intended to confer.

Calgary Herald reported on the allegations, noting with respect to the second citation

Courtney McMullan, who at the time was a peace officer with Alberta Health Services on mental health leave, testified she began a relationship with the man, whom Postmedia is not identifying at the request of the tribunal chair, only to discover he was still married.

She said she became suspicious the husband was simply cheating on his wife when she sent the woman a message asking if they were separated.

“I just had a really odd feeling he was hiding something and was lying,” she told Law Society counsel Shanna Hunka.

“That’s when he blew up my phone with 11 missed calls,” she said of her Nov. 11, 2021, inquiry to the wife.

The husband eventually got through to her and claimed he had no idea who she was or what she was talking about, so she sent the wife photographic evidence to prove their relationship.

The following day, she received a call from Airdrie RCMP complaining she was harassing the couple, which was followed by a cease and desist email from Denis.

In his correspondence, the lawyer said if McMullan didn’t stop contacting the couple he might report the matter to her employer as a potential violation of her code of conduct as a peace officer.

Denis told his lawyer, Alain Hepner, he was simply trying to present what he felt was the harassment of his client, whom he never received any fees from.

The committee sustained both citations and will reconvene to consider sanction. (Mike Frisch)