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Simon Biancardi

JurisdictionCanada — British Columbia
BodyLaw Society of British Columbia (LSBC)
Professionlawyer
DateDecember 19, 2023
HearingRule 3-7.1 Consent Agreement
OutcomeRule 3-7.1 Consent Agreement

Allegation / charges

Rule 3-7.1 Consent Agreement

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

SanctionSuspension
Suspension6 months
Dishonesty foundNo

Simon Biancardi, a BC sole practitioner, entered into a Rule 3-7.1 consent agreement admitting professional misconduct over April 2017-January 2021 involving failure to fulfil trust-account gatekeeper duties (13 files), failure to comply with client identification/verification rules (16 files), and acting in a conflict of interest by representing both borrower and lender in a loan transaction. Numerous transactions involved overseas funds, excess funds, and disbursements to unrelated parties without inquiry. He consented to a six-month suspension and undertakings not to handle trust funds/operate a trust account and not to practise real estate law until relieved by the Executive Director. No express finding of dishonesty was made; no fine or costs were stated.

Duties found breached:

Aggravating factors:

  • Failed to obtain required client identification/verification for a specific corporate client even after being advised to do so during the Law Society compliance audit (acknowledged as aggravating)

Mitigating factors:

  • Remorseful and admitted misconduct
  • No prior professional conduct record
  • Stopped taking new clients since July 2021
  • Declined to act on real estate matters since October 2022
  • Left private practice entirely in October 2023
  • In process of closing trust account and gave undertakings regarding trust account and real estate practice
  • No knowledge of clients' alleged unlawful activities at the time of representation

Documents

Source: https://www.lawsociety.bc.ca/lsbc/apps/hearings/viewreport.cfm?hearing_id=1600&t=Biancardi-Rule-3-7.1-Consent-Agreement#_toph1