Lawyer Joe GroiaJENNIFER ROBERTS
White-collar defence lawyer Joe Groia is seeking to quash misconduct proceedings against him by the Law Society of Upper Canada on the grounds that its allegations are "vague," "devoid of details" and based on an incomplete investigation.
The Law Society, which regulates Ontario's lawyers and paralegals, alleges that Mr. Groia was "abusive" and "offensive" toward Ontario Securities Commission lawyers during the trial of his client, John Felderhof, a former senior executive with Bre-X Minerals accused of securities crimes relating to the gold mining company's collapse.
The trial, which began in 1999, became so adversarial between Mr. Groia and OSC lawyers that the regulator sought to replace the presiding judge. The Ontario Court of Appeal denied the request but one of its judges singled out Mr. Groia for his "appallingly unrestrained" courtroom behaviour.
The charges against Mr. Felderhof were ultimately dismissed.
His notice to the Law Society chastises the regulator for failing to order and review transcripts of the Felderhof trial, an omission that constitutes "a failure to conduct a proper investigation."
Mr. Groia's lawyer Earl Cherniak said there is "no logic" to the Law Society's allegations because there has been no complaint filed to the regulator.
A spokesman for the Law Society said it will "argue against the motion and intends to proceed with the prosecution of Mr. Groia."
Mr. Cherniak said there is a danger that the Law Society's actions against Mr. Groia could "have a chilling effect" on "fearless advocacy of the bar to prevent wrongful convictions."