Estevan lawyer Jonathan Goby has been suspended from practising law for one year and was ordered to pay restitution and costs that totalled $30,000 when he appeared before the Saskatchewan Law Society Benchers for a disciplinary sentencing last Friday morning.
Goby pled guilty to allegations associated with his conduct before a three-person panel comprised of two lawyers and one non-lawyer on Nov. 24, 2010.
The sentencing took place before a larger group of Law Society Benchers (directors) on Feb. 11.
Goby has 30 days to appeal the suspension order that commences on or before May 1 of this year.
Goby was ordered to pay restitution of $18,000 to Information Services Corporation (ISC) that had been deprived of fees due to Goby's actions. That is in addition to $6,000 that Goby has already repaid in relation to the fees the corporation lost as a result of his filing of reduced affidavits of value on Estevan and area real estate transactions.
Goby was also ordered to pay costs associated with the prosecution of approximately $6,000 to the Law Society.
Tim Huber, counsel to the Law Society, said that written reasons for the sentencing decision would be rendered by the benchers and Goby would have 30 days from the date of that decision to appeal. He said Goby will be automatically reinstated as a lawyer 12 months after the start of the suspension.
In their disciplinary hearing comments, the Law Society noted that between May of 2007 and May 2009, Goby engaged in conduct unbecoming a lawyer by causing false (reduced) affidavits of value to be filed in relation to approximately 200 land transfers. Rather than use the fair market value reflected by the purchase price as is required by the Land Titles Act and Regulations, Goby used a reduced value. In doing so, he deprived ISC of fees. ISC charges a .3 per cent fee based on the value of the property transferred. ISC uses the value disclosed in the affidavit of value to calculate their fee.
The Law Society noted in their comments that Goby knew or ought to have known that he was required to refer to the actual purchase price in the affidavits of value that he filed rather than his own notion of value.
Goby's practice of using a reduced value when submitting affidavits of value also means that title searches done in relation to the subject properties will reflect an incorrect, reduced value.
Goby was further instructed to contact each of the affected clients to advise them that the value reflected on their titles is incorrect and to assist in rectifying the error.
The Society noted that Goby had not had any previous disciplinary actions filed against him.
Goby has operated a single lawyer legal practice from his office in the 300 block of 12th Avenue for several years.
