MANDEL: Lawyer temporarily suspended over allegations of "reprehensible" conduct

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Toronto lawyer Andrew Rogerson once made headlines for launching a $5.5 million lawsuit against Havergal, claiming the private girls’ school failed to protect his daughter from bullying.

Six years later, the Toronto lawyer’s reputation is in tatters with allegations he ignored a court injunction to return a $90,000 retainer and even helped a client move $1 million in gold bars that were ordered frozen. While he denies their findings and appeals the decision of the Northwest Territories court and the Law Society of Ontario investigates the allegations against him, Rogerson has been suspended from practising in Ontario.

“We have reasonable grounds to believe there is a significant risk of harm, both to members of the public and to the public interest in the administration of justice, if the respondent continues to practise law while these investigations continue,” says a recent decision by the Law Society Tribunal.

The tribunal quoted from the NWT Supreme Court’s “scathing” judgment that called Rogerson’s behaviour “reprehensible:”

“Refusing to be cross-examined by a female member of the bar, for an invented and meritless reason, and then dismissing her with a sexist remark, is reprehensible,” the court wrote. “Refusing to properly account for the dissipation of trust funds, much less ones restrained by Court Order, is reprehensible.”

Rogerson didn’t respond to a request for comment.

In 2023, Lutsel K’e Dene First Nation in the Northwest Territories accused Ron Barlas of funnelling millions of dollars that should have gone to the First Nation into companies he controlled, allegations he denied. Just two days before Barlas knew his worldwide assets were going to be frozen over the alleged fraud, he wired the $90,000 retainer to Rogerson.

The NWT court found Rogerson not only refused to return the money frozen under the Mareva order issued on April 28, 2023 but he spent it, and not on any legal work invoiced to, or approved by, his client. “I find as a fact that the purported fees were contrivances to justify draining the retainer,” wrote Justice N.E. Devlin in a March decision.

“Even more troublingly, in May 2023, Rogerson facilitated the shipment of more than $1 million worth of gold and silver bullion (since returned) from Barlas’ possession in the Northwest Territories to his offices in Ontario. I find as a fact that he did so in knowing breach of the Mareva Order.”

Rogerson was ordered to return the retainer and pay almost $47,000 in legal costs. The judge also sent his ruling to the Law Society of Ontario. A few months later, the LSO applied to the tribunal to have Rogerson’s licence temporarily suspended while they investigate.

It wouldn’t be the first time. Earlier this year, the Law Society Tribunal suspended Rogerson for a month for sexual harassment of a female employee.

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As for the Havergal lawsuit, he’s been repeatedly criticized by Ontario judges for flouting court orders, continually delaying the process and not paying $145,000 in legal costs awarded to the other side. He blamed financial and health problems. Last year, Superior Court Justice William Chalmers finally stayed the lawsuit for Rogerson’s “complete disregard” for court processes.

In this case, the tribunal found there are enough red flags to warrant suspending Rogerson while the law society investigates the findings in the NWT court decision.

“The allegations of misappropriating or misapplying trust funds are serious. So are the allegations that the respondent consciously defied a court order and obstructed a court process. If proven, they would demonstrate that the respondent profoundly lacks integrity as a lawyer,” concluded Paul Aterman on behalf of the three-member panel.

“The concerns around integrity would be compounded if it is also shown that the respondent treats women colleagues in a sexist manner.”

So for now, this lawyer is indefinitely out of office.

mmandel@postmedia.com