Debra Lynn Webb - July 5, 2012
July 5, 2012
A complaint was filed with the Association against former member Ms. Debra Lynn Webb (Ms. Webb) alleging that Ms. Webb neglected to address issues such as late filing of both GST and Payroll Remittances with Canada Revenue Agency (CRA). Further, Ms. Webb was responsible for filing Annual Reports as well as filing the Transition Application for the company. Ms. Webb became unavailable and unresponsive.
The Discipline Committee found Ms. Webb in breach of the Association's Code of Ethical Principles and Rules of Conduct in effect from September 22, 2007 as follows:
- 1st Ethical Principle – Responsibilities to Society, 2nd Ethical Principle – Trust and Duties, 4th Ethical Principle – Deceptive Information, 6th Ethical Principle – Responsibilities to the Profession, R102 – Unlawful Activity and R606(a) – Detrimental Actions as Ms. Webb failed to make payroll remittances in a timely manner which resulted in CRA charging penalties and interest; and, Ms. Webb failed to notify the complainants of this situation. In addition, Ms. Webb failed to file the 2005 and 2006 GST Returns; and, CRA assessed the GST and sent a Requirement to Pay in the amount of $11,266.40. And further, the filing of an Annual Report and/or a Transition Application falls within the definition of the “practice of law” contained in the Legal Profession Act. The complainants confirmed that Ms. Webb, “… stated that it was her fault, and that in this case she had failed to file the required paperwork to transition to the new corporations act.”
- R521 – Right to Take Cognizance as Ms. Webb failed to respond to requests for information from the complainants and they engaged the services of a new accountant in order to straighten out the company’s accounts with CRA.
The Discipline Committee found Ms. Webb in breach of the Association's Code of Ethical Principles and Rules of Conduct in effect from September 20, 2008 as follows:
- R610 – Requirement to Reply in Writing and R611 – Assistance to the Board as Ms. Webb failed to respond to requests from the Association; failed to produce documents in her possession when requested to do so; and, failed to comply with requests from the Investigator in the exercise of her duties.
The Discipline Committee found that Ms. Webb was not in breach of R301 – Competence, R305(a) – Terms of Engagement, and R505 – Takeover, of the Association's Code of Ethical Principles and Rules of Conduct in effect from September 22, 2007, as there was insufficient evidence to support findings of breach.
- Barred from reinstatement;
- fined $5,000; and,
- assessed costs of $1,971.20.