A Law Society of B.C. hearing panel has disbarred B.C. personal injury lawyer Rene Joan Gantzert a second time for misappropriating $18,200 from his client.
A society hearing panel found Gantzert had settled a claim for injuries arising from a motor vehicle accident on behalf of his client, identified as "MJ," in 2017, however he never told MJ about the settlement.
Six years later MJ learned of the settlement and presumably lodged a complaint with the society, which proceeded to a hearing in July 2024.
“Trust funds are sacrosanct. The proper handling of trust funds is a core function of a lawyer’s fiduciary duty to the client. Wrongful taking of trust funds damages the client and has a seriously deleterious impact on the legal profession’s reputation,” the panel wrote in its August 2024 ruling, finding two instances of professional misconduct against Gantzert.
On Jan. 14 a disciplinary hearing panel disbarred Gantzert.
“In considering the nature and gravity of the misconduct, wrongfully taking a client’s settlement proceeds is one of the most serious acts of professional misconduct. Plainly, the Respondent (Gantzert) stole from his client from a position of trust and ignored her inquiry about her settlement,” stated the panel.
The society asserts it does not disclose information about whether it informs police about a particular case, should it suspect criminal wrongdoing.
A search of Gantzert in Court Services Online shows no criminal proceedings against him.
Gantzert had already handed in his licence to practise law in 2020 and was disbarred in October 2023 under similar circumstances wherein he “misappropriated” more than $62,000 of a client’s trust funds from another motor vehicle insurance (ICBC) claim, according to that hearing panel.
Gantzert was called to the Manitoba bar in 1995.
Gantzert did not appear at the disciplinary hearing and the decision notes the society was unable to locate his residence. The panel ordered him to pay costs of $4,000. The $8,420 Gantzert was ordered to pay in 2023 remains unpaid, the panel stated.
