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Law Times • June 26, 2017 Page 5 www.lawtimesnews.com Investigation started in 2016 Lawyer suspended over allegedly vexatious conduct BY ALEX ROBINSON Law Times T he Law Society of Up- per Canada has sus- pended a lawyer while investigating whether his conduct in litigation has hampered the administration of justice. The provincial regulator currently has six open investi- gations into Glenn Bogue for a list of allegedly vexatious pro- ceedings he has started against judges, the Queen and even the prime minister personally. His submissions have often denied the authority of the federal and provincial govern- ments, according to the deci- sion, and have met mounting criticism in the courts. "Based only on the Law So- ciety's submissions, we accept there is a significant risk of harm to the public and to the public interest in the administration of justice and that an order sus- pending Mr. Bogue on an inter- im interlocutory basis would re- duce that risk," said the decision in Law Society of Upper Can- ada v. Bogue, at the Law Society Tribunal hearing division. "There is evidence, including comments from multiple judg- es, to suggest that Mr. Bogue is using litigation techniques that could harm the administration of justice and cause costs and delay to his clients and others." In Steinkey v. Canada, 2017, Federal Court prothono- tary Roger Lafrenière wrote that he was "very troubled" to see Bogue had accepted a retainer to help a client implement a vex- atious proceeding. In February, Ontario Superior Court Justice Timothy Ray quashed an appeal Bogue filed on behalf of a client in Chalupnicek v. The Chil- dren's Aid Society of Ottawa, determining that the motion was "entirely unnecessary." The appeal concerned a deci- sion by a master to dismiss an action Bogue brought on behalf of a client, as it "appeared to be frivolous, vexatious or an abuse of process." In his submissions arguing against the dismissal, Bogue referred to "non-existent or self created tribunals" such as the "International Tribunal Against Church and State" and the "International Common Law Court of Justice," which alleg- edly indicted and convicted the Pope, the Queen and former prime minister Stephen Harper of murder and conspiracy to murder. The submissions also used terms that the master said were examples of what the courts have identified as "a strategy of pleading 'specific and irrelevant formalities and language' por- trayed as having legal signifi- cance." "This is a hallmark of much frivolous litigation in Canada designed to 'disrupt court op- erations' and to frustrate the le- gal rights of litigants," MacLeod said. Bogue's appeal of the mas- ter's decision was ultimately unsuccessful as he filed it in the Superior Court, but the Divi- sional Court would have been the appropriate court to which to appeal. "I am mindful that several judges have concluded that the merits of the Plaintiffs' claim are devoid of merit," Ray said in the decision quashing the ap- peal. "That question, however, is not before me, except to remind me that the appeal route they chose in their Notice of Appeal was equally devoid of merit." The Ontario Court of Appeal found that Bogue had made un- founded claims of bias against judges and repeated requests for adjournments causing delays. In Miracle v. Miracle III, Bogue requested that two of the three-judge panel that was set to hear an appeal recuse them- selves because of bias. They rejected the request, saying that Bogue had made similar allegations of a differ- ently constituted panel, which found no substance to the al- legations, but adjourned the matter. The law society has been in- vestigating Bogue since March 2016, when it first started re- ceiving complaints about the lawyer. The law society brought an interlocutory suspension motion for Bogue, arguing his ongoing submissions in courts were putting the public and the administration of justice at risk. "On the evidence now before us, the risks are significant and would continue during the pe- riod of the adjournment," said the decision, issued on behalf of a three-member panel. "Nothing short of a suspen- sion could adequately address them, given the evidence we have seen. Mr. Bogue acknowl- edges he is actively representing clients on litigation files, and there is no indication he has stopped the types of approaches alleged here." A spokeswoman for the LSUC says the law society seeks interlocutory suspensions to ad- dress serious risk that becomes apparent before an investigation is complete and before evidence is available to prosecute. Bogue was granted an ad- journment of the interlocutory suspension motion while he seeks counsel. He will still be suspended as a term of the adjournment, but he could still get the interim sus- pension lifted when the motion is heard. Bogue could not be reached for comment. LT NEWS The Law Society of Upper Canada is inves- tigating a lawyer for a list of allegedly vexatious proceedings. NO TRANSFORMATION WITHOUT INSPIRATION The Canadian Lawyer InHouse Innovatio Awards celebrate in-house counsel, both individuals and teams, who have found ways to show leadership by becoming more efficient, innovative and creative in meeting the needs of their organizations within the Canadian legal market. Date: Sept. 19, 2017 Location: Arcadian Court, Toronto 6 p.m. Cocktail Reception 7 p.m. Gala Dinner and Awards Presentation Emcee: Jennifer Brown, Managing Editor, Canadian Lawyer InHouse/Law Times Dress: Business Attire To book your seats or to inquire about sponsorship, contact us at 416-649-8841 or MediaSolutions.Sales@thomsonreuters.com www.innovatio-awards.com HOSTED IN PARTNERSHIP WITH BRONZE SPONSOR COCKTAIL SPONSOR PLATINUM SPONSOR GOLD SPONSOR GOLD SPONSOR Untitled-2 1 2017-06-20 8:29 AM

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