Lawyer’s license suspended after telling client she could ignore court orders, move to Sudbury

A lawyer in Ottawa has lost his license for six months after it emerged he told a client on multiple occasions that she could ignore court orders and move with her child to Sudbury.

André Bluteau also told his client that courts in Ottawa didn’t have “jurisdiction” to make decisions because she had moved to northern Ontario

According to proceedings held by the Law Society of Ontario, the case began in September 2016 when the woman retained Bluteau because of custody concerns. Her baby was just a few months, she wasn't with the father and she wanted to move to Sudbury.

“The respondent (Bluteau) advised his client that she was free to move to Sudbury without notifying the father because they were not married, had separated before the child was born and because that there was no agreement or court order determining custody and access to their child,” the law society said in its decision, dated July 28 of this year.

“The client moved to Sudbury in October 2016 without notifying the father as advised by the respondent.”

Once in Sudbury, Bluteau told her to sue the child’s father for full custody and child support. In response, the father started court proceedings in Ottawa seeking custody and access to the child.

An Ottawa judge ruled in December 2016 that the case should be heard in Ottawa and that the Sudbury proceedings be suspended. The judge also ordered the woman return to Ottawa with their young son and that the father be granted custody and access.

“The respondent told his client that (the judge’s) order was not valid, that the court in Ottawa had no jurisdiction to hear the matter,” the decision said.

“He also advised his client to stay in Sudbury, which she did.”

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While another judge stayed that decision, she also ordered that the father be given access and set a date for a final ruling on jurisdiction.

Bluteau told his client to ignore that decision, as well, again insisting that the Ottawa court didn’t have “jurisdiction” to hear the case.

In January 2017, however, a judge ruled the case should be heard in Ottawa and order the woman to pay $4,000 in court costs.

“He also found that the client had behaved unreasonably in moving to Sudbury and initiating proceedings in which she claimed the court in Ottawa had no jurisdiction,” the decision said.

Again, Bluteau told his client the court didn’t have jurisdiction and initially filed an appeal. But by this time, the father’s lawyer filed a contempt of court motion, which succeeded in June 2017.

At this point, Bluteau sent his client an email that said “practically speaking, ‘the decision does not change anything’ and that this decision should be appealed immediately.”

That appeal failed in October 2017, with the judge ordering the woman to pay a fine of $3,000, costs of $13,000 to the father, plus a fine of $1,000 a month until she returned to Ottawa with the child.

SUPREME COURT OF CANADA

That decision was also appealed, which was again rejected and the judge ordered the client to pay another $5,732 in costs.

At that point, Bluteau told the woman to ask the Supreme Court of Canada for permission to appeal. He also filed an action in an Ottawa court “asking that the father and his lawyer be convicted of fraud and perjury for falsifying affidavits in the proceedings in Ottawa.”

But by May 2018 the woman had enough and fired her lawyer. Bluteau sent her a bill for $70,712, which was not paid.

The woman’s new lawyer dropped the legal proceedings Bluteau had started in Sudbury and Ottawa and instead sought a court order to have the former lawyer be liable for the client’s costs in the Ottawa action that alleged fraud and perjury against the father and his lawyer.

In the end, the lawyer was found guilty of professional misconduct. Not only did he ignore repeated court decisions, his actions cost his client $30,000 in fines and costs and the behaviour continued for three years.

His license was suspended for six months and he was ordered to pay costs of $25,919.