Daniel Kar-Yan Kwong

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

In an Agreed Statement of Facts before the Law Society of British Columbia, immigration lawyer Daniel Kar-Yan Kwong admitted professional misconduct across six client files (RA/CA, TC, YD, YZ, TY, AR/NB). Over several years he repeatedly failed to file immigration applications on time, then misrepresented to clients that applications had been filed or were in process, knowingly making false statements and concealing information. For clients YD and YZ he fabricated documents - false application materials, a false government acknowledgment of receipt, false fee receipts, and a fabricated confirmation email. He also withdrew trust funds to pay fees without first delivering bills, and in one case took funds to which he was not entitled. Clients suffered real harm. The Respondent self-reported, cooperated, resigned his membership before the citation issued, and provided supportive medical and character evidence. He gave undertakings not to practise law, not to apply for re-admission anywhere in Canada before April 6, 2020, and to restrict any law-firm work absent Discipline Committee consent. No fine or costs figure is stated in the document.

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
• Diligence and timeliness

Aggravating factors:

• Repeated, prolonged misconduct affecting six separate clients/files over several years
• Knowingly fabricating documents including false fee receipts and false government acknowledgment/confirmation emails
• Clients suffered actual harm (e.g., YD's wife/son had to pay hospital costs due to ineligibility for MSP; TC's PNP nomination expired)

Mitigating factors:

• No prior discipline history in BC or Ontario (clean Certificate of Standing since 2004 call)
• Self-reported his misconduct to the Law Society and cooperated fully with the investigation
• Apologized to affected clients and assisted former firm in mitigating harm
• Resigned membership and wound up practice before the citation issued
• Letters of support from lawyers
• Medical assessments diagnosing an underlying condition associated with significant avoidance, with low probability of reoffending and good prognosis with treatment