Daniel Kar-Yan Kwong

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Daniel Kar-Yan Kwong, a BC immigration lawyer, admitted professional misconduct in his handling of seven clients' immigration files between 2013 and 2016. He repeatedly failed to file applications while making numerous statements to clients he knew were false about the status of their applications, and in several cases fabricated application materials, government acknowledgments, fee receipts and confirmation emails to deceive clients into believing filings had been made. He also withdrew trust funds in payment of fees without delivering bills and took funds he was not entitled to. Real harm resulted, including a client family having to pay hospital costs after being wrongly told they were eligible for MSP. The matter proceeded by Agreed Statement of Facts; the Respondent resigned and gave undertakings not to practise or seek readmission before April 6, 2020. Mitigating factors included his self-report, cooperation, clean prior record, and medical evidence of an underlying avoidance condition with a low risk of reoffending.

Duties found breached:

• Full disclosure on ex parte applications
• Not mislead third parties or opponents
• Handle inadvertently received material
• No improper use of client money
• Competence

Aggravating factors:

• Misconduct involved seven clients over an extended period (2013-2016)
• Repeated, sustained deception including fabrication of documents and false government receipts/emails
• Actual client harm - YD's wife and son ineligible for MSP coverage, causing them to pay for hospital services at birth
• Failure to file applications resulting in expired PNP nomination and lost immigration opportunities

Mitigating factors:

• No prior discipline history in Ontario or British Columbia; letters of support from lawyers
• Detailed self-report to the Law Society and full cooperation with the investigation
• Apologized to affected clients and assisted former firm in mitigating harm
• Resigned membership and wound up practice before the citation was issued
• Medical assessments diagnosing an underlying condition associated with significant avoidance; opinion that probability of reoffending is very low