A man now living in Bella Coola has been found guilty of contempt of court for practicing law without authorization from the Law Society of B.C. in part for providing legal advice on a case in Prince George.
R. Charles Byfogle was found in contravention of the Legal Profession Act by B.C. Supreme Court Justice Catherine Bruce this week and issued issued a one-year recognizance that prohibits him from entering a courthouse unless charged with an offence.
The verdict was in relation to four cases in which he provided assistance to his now-former wife, Zsuzanna Holland, including one in Prince George in which she sought damages for alleged slander and defamation against Bryfogle's two adult children and their respective mothers.
In a statement of claim, Holland alleged the defendants made false statements to the Ministry of Children and Family Development that caused the termination of the couple's foster care contract and claimed damage on her own and Bryfogle's behalf.
Although Bryfogle was not a party to the litigation, the case was almost entirely concerned with the defendants' actions towards him, Bruce wrote in her decision, and found that Holland was a proxy for a claim that should have been filed by the spouses jointly.
"The action itself essentially concerns slanderous statements made by the defendants that caused economic harm to Mr. Bryfogle and only incidentally to Ms. Holland due to her association with Mr. Bryfogle," Bruce wrote in her decision.
As in the three other actions - two in Penticton and one in Williams Lake - Bryfogle "swore affidavits that contained submissions of law and legal opinions about the merits of the action and the defence," Bruce wrote.
"He communicated directly with opposing counsel on procedural and substantive issued and he appeared in court as Ms. Holland's confidant and advisor as he had in other actions."
Byfogle argued in part that he was not violating the order because he was not receiving a fee from Holland but Bruce found Byfogle should have sought clarification from the Law Society of B.C., which regulates the legal profession in the province, particularly after a contempt application was filed by opposing counsel in one of the cases.
According to court records, Byfogle claimed at one point to have had 30 years of legal experience but "even a cursory examination of his affidavits and submissions illustrates that his understanding of Canadian law and legal process is woefully inadequate," Bruce wrote.
"Numerous judges of this Court and the Court of Appeal have commented on the serious problems created by Mr. Bryfogle's incompetence as a legal advocate."
The Law Society, which pursued the case against Byfogle, had been seeking a 30-day jail term and a fine because Bryfogle had been issued an order in 2006 that required him to notify the organization whenever he became involved in legal matters.
But Bruce found a jail term was not necessary to denounce Bryfogle's misconduct or ensure compliance with the most-recent order prohbiting him from practicing law.
Under the recognizance, he is also required to report to a probation officer at least once a week, have no communication Holland. If he breaches any of those requirements, Byfogle will forfeit $5,000.
