Vancouver lawyer who wrongfully terminated articling student agrees to pay $15K for misconduct

Paul Doroshenko speaks to CTV News in this file photo from 2017.

Vancouver lawyer Paul Doroshenko has agreed to pay a $15,000 fine to the Law Society of B.C. after admitting to professional misconduct related to his treatment of an articling student.

In a consent agreement with the law society, which was published online Friday, Doroshenko acknowledges failing "to act with courtesy, civility, and good faith," contrary to the society's rules. 

The misconduct stems from a lawsuit Doroshenko brought against the student, which made allegations regarding her "loyalty, truthfulness, and competence" that the court determined were unfounded, according to the consent agreement.

The student in question is identified in the document only as M.O.

The agreement indicates that M.O. began working for Doroshenko's office in May 2016.

In September of that year, Doroshenko became aware of a blog that M.O. and her husband – a lawyer for a different firm referred to in the consent agreement as N.D. – had helped create.

"The lawyer reviewed the content of the blog and became concerned that unpublished government documents, copies of which had been obtained by the firm through FOIPPA requests and stored in the lawyer’s personal office, were likely the source of some of the information in the blog posts," the consent agreement reads.

"The lawyer believed the blog threatened the firm’s competitive position."

Doroshenko was also concerned that some of the documents in question were ones the provincial government had asserted privilege over and was seeking an injunction to keep unpublished, according to the agreement.

"The lawyer believed that the blog was set up by M.O. and N.D. to compete with the firm," the consent agreement reads.

"The lawyer further believed that M.O. and N.D. were in unauthorized possession of privileged, confidential or other sensitive documents which were the property of the firm or its clients."

Doroshenko hired a lawyer and filed a notice of civil claim against both M.O. and N.D. He also terminated M.O.'s articling agreement with his firm.

M.O. and N.D. filed a counterclaim, alleging that she had been wrongfully dismissed.

The B.C. Supreme Court found in favour of M.O. (the case against N.D. was settled and dismissed by consent), awarding her $18,934 in ordinary damages and $50,000 in aggravated damages.

As described in the consent agreement, the trial judge found that "much of the conduct" of Doroshenko and his firm against M.O. was "unfair and unduly insensitive."

The court also ruled that Doroshenko's response to the blog was "disproportionate" and that "M.O. was the victim of unfair, bullying, bad faith conduct by the firm and the lawyer, and suffered substantial and prolonged emotional distress because of that conduct," according to the agreement.

Doroshenko appealed the case, and M.O. cross appealed, with the higher court again finding in her favour. It increased the ordinary damages award by $100,000 and awarded an additional $25,000 in punitive damages.

The consent agreement lists several mitigating factors, including that Doroshenko had a genuine belief that privileged information had been retained by M.O., and that his lawyer had opted not to introduce certain evidence that may have affected the trial judge's findings.

"The lawyer admits that his conduct in pursuing the allegations in the (claim) against M.O. was unduly insensitive and ill-advised," the agreement reads. "The lawyer advises that, were he put in the same position today, he would handle matters differently."

In addition to agreeing to pay a $15,000 fine, Doroshenko also vowed to "reflect on how to help create a more inclusive, respectful, and positive workplace," and to take online courses offered by the Canadian Bar Association in furtherance of this goal.