The Law Society of Alberta - Matthew V.R. Merchant

NOTICE TO:	January 31, 2007
All Active Members and Students-at-Law, All Executive Directors of other Law Societies in Canada, All Justices of the Court of Appeal and Court of Queen's Bench, All Judges of the Provincial Court of Alberta, All Masters in Chambers, All Clerks of the Court

NOTICE OF DISBARMENT

On January 30, 2007, a Hearing Committee disbarred Mr. Matthew V.R. Merchant who resides in Calgary, Alberta and practised in Calgary.

The Hearing Committee found that Mr. Merchant's conduct was deserving of sanction on seven citations involving applying for ex parte garnishee orders knowing counsel was acting for the other side, deliberately misleading the court in applying for the said orders, failing to respond to opposing counsel on a timely basis, threatening his clients with criminal proceedings to induce repayment of settlement monies overpaid to them by his firm's mistake, lying to his clients in an attempt to frighten them into paying the said money back, and failing to render a trust accounting on a timely basis.

The Hearing Committee ordered that Mr. Merchant be disbarred immediately, and pay costs of the proceedings estimated to total $20,778.65.

The Committee further directed, in accordance with section 78(6) of the Legal Profession Act, that the Executive Director send a copy of the hearing record to the Minister of Justice and Attorney General.

There was no direction to appoint a custodian as Mr. Merchant practised with partners who will be responsible for his practice.

R. Gregory Busch
Director, Lawyer Conduct
The Law Society of Alberta