NOVA SCOTIA BARRISTERS SOCIETY HEARING PANEL Citation: Nova Scotia Barristers Society v. MacIsaac, 2001 NSBS 6

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1 NOVA SCOTIA BARRISTERS SOCIETY HEARING PANEL Citation: Nova Scotia Barristers Society v. MacIsaac, 2001 NSBS 6 Date: Docket: Registry: Halifax IN THE MATTER OF: The CANADA EVIDENCE ACT The BARRISTERS AND SOLICITORS ACT, being c. 30, R.S.N.S. 1989, and the Regulations of the Nova Scotia Barristers Society, as amended BETWEEN: The Nova Scotia Barristers Society Hector J. MacIsaac, a Barrister and Solicitor of [...], Nova Scotia Revised Decision: The text of the original decision has been revised to remove personal identifying information of the parties on November 18, Before: Heard: August 20, 2001 Counsel: Alan J. Stern, Q.C., for the Nova Scotia Barristers Society (This page did not form part of the original Decision)

2 CANADA PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX SS IN THE MATTER OF: The Canada Evidence Act IN THE MATTER OF: The Barristers and Solicitors Act, being c.30, R.S.N.S. 1989, and the Regulations of the Nova Scotia Barristers' Society, as amended, IN THE MATTER OF: Hector J. MacIsaac, Barrister and Solicitor of [...], in the County of Pictou, Province of Nova Scotia. RESOLUTION WHEREAS the formal complaint of the Nova Scotia Barristers' Society (hereinafter called the "Society), was filed with the Society, pursuant to the Regulations of the Society, against Hector J. MacIsaac, Barristers of the Supreme Court of Nova Scotia, of [...], in the County of Pictou, in the Province of Nova Scotia. AND WHEREAS a Settlement Agreement (attached hereto as Schedule "A") was negotiated between the Society and Mr. MacIsaac, and was presented to the panel composed of members of the Hearing Subcommittee. AND WHEREAS the Settlement Agreement had previously been signed by Mr. MacIsaac and consented to by Alan J. Stern, Q.C., Solicitor for the Nova Scotia Barristers' Society, and recommended by the Investigative Subcommittee. AND WHEREAS the panel of the Hearing Subcommittee unanimously approved the Settlement Agreement. BE IT RESOLVED that pursuant to the provisions of Section 31(4C) of the Barristers and Solicitors Act, R.S.N.S. 1989, that the Settlement Agreement, a copy of which is attached hereto as Schedule "A", is hereby approved.

3 DATED at Halifax, Nova Scotia this 24 th day of August, NOVA SCOTIA BARRISTERS' SOCIETY PER: John P. Merrick, Q.C., CHAIR Hearing Subcommittee Panel

4 PROVINCE OF NOVA SCOTIA ) COUNTY OF HALIFAX SS ) IN THE MATTER OF: The Canada Evidence Act IN THE MATTER OF: The Barristers and Solicitors Act, R.S.N.S. 1989, c. 30, and the Regulations of the Nova Scotia Barristers' Society, as amended IN THE MATTER OF: HECTOR J. MacISAAC, a Barrister and Solicitor, of [...], in the County of Pictou, Province of Nova Scotia SETTLEMENT AGREEMENT Hector J. MacIsaac, a member of the Nova Scotia Barristers' Society, hereby agrees with and consents to the following in accordance with the provisions of the Barristers and Solicitors Act, R.S.N.S. 1989, and amendments thereto, and Regulations made thereunder, 1. STATEMENT OF FACTS: The following statement of facts is correct: Hector J. MacIsaac has been a member of the Nova Scotia Barristers' Society since August 11, He carries on a sole practice at [...], Nova Scotia. In the fall of 1993, Hector J. MacIsaac was retained to act as Proctor of the Estate of M.M.. He rendered an account for services to the Estate in the amount of Five Thousand Dollars ($5,000.00), plus disbursements, on December 9, Services justifying this fee bad not yet been provided to the Estate. In May of 1996 Hector J. Maclsaac prepared a Trustee's Deed conveying a parcel of real estate from G.M., the Executor of the Estate of M.M., to G.M. in his personal capacity at a time when the Estate of M.M. was being litigated and an undertaking had been given by Ian (Sandy) MacKay, Q.C., (the solicitor then representing the Estate of M.M.), to the knowledge of Hector J. Maclsaac, that no assets of the Estate would be disposed of without agreement of all parties or further

5 Order of the Supreme Court of Nova Scotia. This Deed was not executed. In June of 1996, while acting as solicitor for G.M., Hector J, Maclsaac came to the office of Ian (Sandy) MacKay, Q.C., while Mr. MacKay was absent from the office and he removed a file which contained correspondence and Guaranteed Investment Certificates from the office without the knowledge or authorization of Ian (Sandy) MacKay, Q.C. 2. COMPLAINT: In a Complaint dated May 26, 2000, the Nova Scotia Barristers' Society charged Hector J. MacIsaac with the following professional misconduct or conduct unbecoming a barrister: The complaint of the Nova Scotia Barristers' Society, filed pursuant to the Regulations of the Society, against Hector S. MacIsaac, Barrister of the Supreme Court of Nova Scotia, of [...], in the County of Pictou, Province of Nova Scotia; hereby charges Hector J. Maclsaac with professional misconduct or conduct unbecoming a barrister, in that: 1. He, a Barrister, practising at [...], Nova Scotia, and while acting as solicitor for A.J.M., failed to: (a) take proper instructions from A.J.M., in May 1992, with regard to his new Will, including, discussing the details of his client's assets with his client, questioning the omission of several children from the proposed Will, advising about the Testators' Family Maintenance Act, R.S.N.S. 1989, c. 465, and asking about prior Wills; (b) take adequate notes of his discussions with A.J.M. when obtaining Will instructions and keep the notes he did take; (c) assure that his mother, Frances Maclsaac witness the Will and Power of Attorney in the presence of A.J.M.; contrary to Chapters 2 and 3 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, He, a Barrister, practising at [...], Nova Scotia, and while acting as Proctor for the Estate of M.M. and as solicitor for G.M., as Executor of the Estate of M.M. in S.A.T. No , failed to properly disclose to Bruce T. Macintosh, Q.C., solicitor for G.M., a transfer of Thirty-five

6 Thousand Dollars ($35,000.00) made by M.M. a short time before her death, contrary to Chapters 1 and 13 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, He, a Barrister, practising at [...], Nova Scotia, and while acting as Proctor for the Estate of M.M., rendered an account for services to the Estate in the amount of Five Thousand Dollars ($5,000.00), plus disbursements, on December 9, 1993, when services justifying such a fee had not yet been provided to the Estate, contrary to Chapter 12 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, He, a Barrister, practising at [...], Nova Scotia, and while acting as Proctor of the Estate of M.M., prepared a Trustee's Deed in May 1996 conveying the homestead property from G.M., Executor of the Estate of M.M., to G.M. at a time when the Estate of M.M. was being litigated and an undertaking had been given, to the knowledge of Hector J. Maclsaac, by Ian M. MacKay, Q.C., that no assets of the Estate would be disposed of without prior notice, contrary to Chapters 1, 9 and 13 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, He, a Barrister, practising at [...], Nova Scotia, and while continuing to act as solicitor for G.M. at a time between March 28, 1995 and June 4, 1996, removed a file from the office of Ian M. MacKay, Q.C., which contained correspondence and documents, including financial instruments, without the knowledge or authorization of Ian M. MacKay, Q.C., contrary to Chapters 1 and 9 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, ADMISSIONS: above. Hector J. Maclsaac admits the facts set out in the Statement of Facts 4. WITHDRAWAL: The Nova Scotia Barristers' Society hereby withdraws the charges in

7 Paragraph 1 and Paragraph 2 of the Complaint. 5. ACCEPTANCE OF PENALTY: Hector J. Maclsaac hereby accepts a reprimand and agrees to pay restitution to the Estate of A.J.M. in the amount of Five Thousand Dollars ($5,000.00) on or before the 31 st day of October, COSTS: Hector J. MacIsaac shall pay the sum of Five Thousand Dollars ($5,000.00) inclusive of H.S.T. to the Nova Scotia Barristers' Society for its costs of the investigation on or before the 31 st day of October, EFFECTIVE DATE: This Settlement Agreement shall only become effective and binding upon its approval by a properly convened Hearing Panel from the Discipline Subcommittee THIS SETTLEMENT AGREEMENT made as at the 20 th day of August, WITNESS HECTOR J. MacISAAC CONSENTED TO BY: ALAN J. STERN, Q.C. Solicitor for Nova Scotia Barristers' Society

8 RECOMMENDED BY: APPROVED BY: Investigative Subcommittee Hearing Panel this 22 nd day of August, 2001 this 24 th day of August, 2001 Investigative Subcommittee Hearing Panel Discipline Subcommittee

9 PROVINCE OF NOVA SCOTIA ) COUNTY OF HALIFAX SS ) IN THE MATTER OF: The Canada Evidence Act IN THE MATTER OF: The Barristers and Solicitors Act, R,S.N.S.1989, c. 30, and the Regulations of the Nova Scotia Barristers' Society, as amended IN THE MATTER OF: HECTOR J. MacISAAC, a Barrister and Solicitor, of [...], in the County of Pictou, Province of Nova Scotia SETTLEMENT AGREEMENT McInnes Cooper Barristers and Solicitors 1601 Lower Water Street P.O. Box 730 Halifax, Nova Scotia B3J 2V1 Per: Alan J. Stern, Q.C. Solicitor for the Nova Scotia Barristers' Society

10 PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX SS IN THE MATTER OF: The Canada Evidence Act, IN THE MATTER OF: The Barristers and Solicitors Act, being c. 30, R.S.N.S. 1989, and the Regulations of the Nova Scotia Barristers' Society, as amended, IN THE MATTER OF: HECTOR J. MACISAAC, a Barrister and Solicitor, of [...], in the County of Pictou, Province of Nova Scotia. O R D E R BEFORE THE PROTHONOTARY: UPON HEARING Alan J. Stern, Q.C., Solicitor for the Nova Scotia Barristers' Society; AND UPON HEARING READ the Affidavit of Victoria Rees, sworn the 7 th day of September, 2001, and the Resolution of the panel of the Hearing Subcommittee of the Nova Scotia Barristers' Society, dated the 24th day of August, 2001, attached to the said Affidavit as Exhibit "A"; NOW UPON MOTION: IT IS ORDERED: 1. THAT approval of the Settlement Agreement attached to the Resolution of the panel of the Hearing Subcommittee is hereby confirmed; 2. THAT Hector J. MacIsaac, a Barrister of the Supreme Court of Nova Scotia, is hereby reprimanded; 3. THAT Hector J. Maclsaac pay restitution in the amount of Five Thousand Dollars ($5,000.00) to the Estate of A.J.M. on or before the 31 st day of

11 October, THAT Hector J. Maclsaac pay the sum of Five Thousand Dollars ($5,000.00) inclusive of HST to the Nova Scotia Barristers' Society for its costs of the investigation on or before the 31 st day of October, DATED at Halifax, Nova Scotia, this 12 day of September, Deputy PROTHONOTARY

12 PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX SS IN THE MATTER OF: The Canada Evidence Act, IN THE MATTER OF: The Barristers and Solicitors Act, c. 30, R.S.N.S. 1989, and the Regulations of the Nova Scotia Barristers' Society, as amended, IN THE MATTER OF: HECTOR J. MACISAAC, a Barrister and Solicitor, of [...], in the County of Pictou, Province of Nova Scotia. O R D E R McInnes Cooper Barristers and Solicitors 1601 Lower Water Street P.O. Box 730 Halifax, Nova Scotia B3J 2V1 Per: Alan J. Stern, Q.C. Solicitor for the Nova Scotia Barristers' Society ( )