Disbarred BC Lawyer Refused License in Ontario

GEO_edited-1Malcolm Zoraik was on the losing end of a motor vehicle personal injury case in Victoria, but he didn’t take losing well. Instead, a week after the jury verdict he surreptitiously delivered a letter directed to the Sheriff at the Victoria Courthouse that alleged jury tampering and described circumstances that could only have been his case. His apparent goal was to have a mistrial declared and a second kick at the can.

The police investigation included an interview with Mr. Zoraik, who denied any involvement, but security video showed that he had delivered the letter and his fingerprint was found on the envelope. He was charged with public mischief, obstruction of justice, and fabrication of evidence, plead not guilty, and embarked on a 13-day trial asserting his innocence.

He was convicted of public mischief and fabrication of evidence and two days later signed an undertaking not to practice law in British Columbia. He was disbarred by the Law Society in May of 2013. He appealed his criminal convictions and the Law Society disbarment, losing his criminal appeal, but gaining a second hearing by the Law Society, who again revoked his license to practice in April of 2018.

In 2012 Mr. Zoraik moved to Ontario and enrolled at Osgoode Hall Law School and attained a Masters degree in business law. While in Ontario he filed for bankruptcy with debt of $267,000 including student loans. By 2014 he acquired an articling position in Ontario which was terminated by the Law Society, but upon his principal’s entreaties the articles were reinstated. The Law Society said that they didn’t need to assess Mr. Zoraik’s character.

In 2016 he applied for a license to practice law in Ontario, an application that was deferred until his BC appeals were completed, albeit the application was opposed by the Law Society of Ontario, alleging he lacked the required “good character” to become a member of the Ontario bar.

Remarkably, at the Ontario Law Society’s investigation, Mr. Zoraik refused to speak about his criminal convictions in Victoria. He was asked:

INVESTIGATOR: Okay. I’m just going back to something Shoshanna asked earlier. After the court out in B.C. to do with the letter, the letter that was there, Shoshanna asked how do you feel about it. Do you feel any – do you feel any remorse over your behaviour at that time?

And answered:

MR. ZORAIK: Like I said, I don’t want to get – get into that matter. Like as I said, I think it’s an indication of my level of respect and acceptance of – of the court’s verdict that – that I have kept myself to the utmost, you know, best behaviour. I haven’t had any – any issues before that or since that. So – so whatever lesson that was there for me, I’ve learned. That is it. So, you know, I hope you understand that it’s a legal proceeding, that I not going to go beyond that. I hope that – I hope you understand. (Inaudible). What more I can do. (Inaudible).

Despite multiple character witnesses, none of whom were aware of the details of his criminal convictions or the fact that his bankruptcy discharge was delayed by his Trustee; and a law firm prepared to hire him, the Law Society refused to admit him to the Ontario bar saying:

“The evidence he gave at his criminal trial was found to be evasive, not credible, tarnished, feigned or grasping. He was not believed…There is much speculation reflected in the multiple decisions arising from these matters as to why Mr. Zoraik, an experienced court interpreter and lawyer with 10 years’ standing, would engage is such criminal conduct.
No clear evidence was provided to us that shed any light on this point. We do not know what may have motivated or influenced Mr. Zoraik.”

In the absence of any explanation for his bizarre criminal behaviour and with no expression of remorse, the Law Society correctly determined that Mr. Zoraik would not have the privilege of practicing law in Ontario.

Lawdiva aka Georgialee Lang

Advertisements

One thought on “Disbarred BC Lawyer Refused License in Ontario

  1. Thanks for this Georgia.

    It sounds very similar to the case of Greg Harney in Victoria who actually secretly and unlawfully filed a backdated, altered and fabricated Statement of Account 10 days before his hearing to tax his massively inflated unearned 1.1 million dollar and $532,000 accounts for possibly $20,000 of work, that the client never asked for, or agreed to, in order to be able to apply to court to take the client’s last parcel of land which Harney threatened the terrified client that he would do if he would not sign and accept Harney’s bill for $532,000 attached to his filed Appointment.

    The first bill (the only bill filed in the court Appointment) was unenforceable as there was no client named in it and so Harney fabricated a new “account” and added all the client names to correct his mistake and criminally got it placed in the file without anyone knowing it by the Court Scheduling office in Victoria.

    The Judge wrongly relied on the new doctored account that the client was never served with and never even knew existed, as the the client only discovered it while searching the court file two years later.

    Meanwile, Harney managed to get a judgment against all of these parties with his fabricated and unserved account for $252,000 against the client.

    Harney has just been suspended by the Law Society for 30 days for breach of trust and lying to a tribunal, from October 26 to November 25, 2018.

    But this is nothing compared to what he has done to our family.

    He should be looking at criminal charges and disbarment for obtaining a judgment by fraud and fabricating evidence in a judicial proceeding (section 137 criminal code).

    Thanks,

    John English 250 510-9474

    PS All of the proof of the above is contained in fully documented sworn and filed affidavits which we are providing to the BC Law Society.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s