The Law Society of Alberta (LSA) will sanction former solicitor general and justice minister Jonathan Denis after a code of conduct committee found that he breached the code in two cases he worked on in his private law practice.
According to the Sept. 6 decision, the first case was a motor vehicle crash from 2020.
Denis was initially retained by one of the involved drivers and her father, who owned the vehicle.
He also later agreed to represent the passenger in the vehicle, who was injured in the crash.
When he found that there were “serious liability issues” with the driver’s claim, he opted not to continue representing her, the decision said.
A week later, he filed a lawsuit against the driver and her father on behalf of the passenger.
Denis’ lawyer argued he only realized in hindsight that there had been a technical breach of the code of conduct and as such it did not rise to the level of sanctionable conduct.
The committee found that Denis had committed a “substantial breach” and found that he opted to continue with a claim that he thought would be “more profitable” to him.
The second matter was a cease-and-desist letter Denis sent to a woman in 2021 on behalf of his client, who she was having an affair with.
According to the LSA committee’s decision, Denis threatened to contact the woman’s employer if she didn’t stop contacting her ex-boyfriend.
“We are also aware that you are employed as a peace officer. Such conduct may verily fall outside of your code of conduct as part of your profession and our client reserves any and all additional remedies should this conduct continue,” he wrote in the letter.
In a second email with the woman a month later, Denis also threatened to contact the woman’s employer.
“Please be advised that if immediate compliance to this is not effected we reserve the right to take further steps at law including without limitation reporting this matter to your employer as a violation of your code of conduct as a peace officer.”
The committee found that Denis had sought to benefit his client by threatening to make a complaint to a regulatory authority.
“Clearly his focus was not on protecting the public interest by making a disciplinary complaint, but on the potential civil remedies available should [the woman] not comply with the demand,” the decision reads.
The committee will reconvene on a later date to hear submissions and determine the appropriate sanctions.
In 2022, Denis was cleared of contempt of court for witness intimidation.
He was found in contempt earlier that year after his law firm wrote a letter threatening to sue Anny Sauvageau, Alberta’s former chief medical examiner, for defamation while she was giving testimony in her wrongful dismissal lawsuit against the province.
Denis was elected as an MLA in 2008.
He was appointed solicitor general in 2011, and served as justice minister from 2012 to 2015.
He resumed his private law practice in 2015.