A 91原创 lawyer has agreed to have his licence to practise law suspended for six weeks following an incident of sexual harassment at a company outing.
Scott Johnston with CBM Lawyers, a former president of the Greater 91原创 Chamber of Commerce, was officially sanctioned by the Law Society of British Columbia in March, with the decision released in April.
The incident took place at a company outing in the summer of 2020 to a Vancouver restaurant.
Johnston told the Law Society that he had been in treatment for alcoholism in 2016 and had been sober from that date on, until suffering a relapse at the party, where he became intoxicated.
He then behaved inappropriately with A, an articling law student who Johnston had been mentoring, and B, a legal assistant with the firm working on a practicum at the time.
Among other behaviour, he held A close and touched her stomach while making a joke, and later told her 鈥渢hat all jokes aside, he thought they would make a really good baby together, that he would take care of A and that she would not have to worry about anything,鈥 according to the Law Society tribunal鈥檚 decision.
With B, Johnston stood close to her in a way that made her feel uncomfortable, and on the return bus trip after the event, made a sexually suggestive gesture. He walked away after she told him to 鈥渂uzz off.鈥
Johnston apologized to A a few days after the incident.
However, A complained to the human resources staffer at CBM, and to one of the other partners at the law firm. She also filed a workplace harassment and bullying complaint with WorkSafe BC, and eventually left the firm, saying she had been 鈥渃onstructively dismissed鈥 as she didn鈥檛 feel she had a future there anymore.
During her annual review after the event, B was asked about working with Johnston.
She said she 鈥渇elt comfortable knowing that she and [Johnston] did not work in the same CBM office.鈥
Johnston agreed to the six-week suspension of his practise, and said that he is an alcoholic. He had sought treatment in 2016 and had been sober from that point up to the date of the incident in 2020.
Johnston鈥檚 submission said the behaviour was not part of a pattern of sexual harassment, but was part of a relapse.
鈥淔inally, further to my apology in person to A on June 23, 2020, I wish to take this opportunity to apologize for my behaviour on June 20, 2020 at the event,鈥 Johnston wrote, in a statement that was included in the decision. 鈥淢y behaviour was unacceptable and I am disappointed in myself. I recognize that my conduct at the event fell short of the reasonable expectations of the profession and the public. I did not intend to upset A and B, but I recognize that they were upset by my behaviour that evening and I apologize for that. I have taken mindful steps to ensure that such conduct is not repeated.鈥
In addition to the suspension, Johnston will pay $2,500 for the tribunal鈥檚 costs.
He has never previously been disciplined by the Law Society.
After being asked for comment by the 91原创 Advance Times, CBM partner Douglas B. Simpson provided the following statement:
鈥淭he Law Society of British Columbia has determined that Scott Johnston, a partner at CBM Lawyers LLP, acted inappropriately at a firm function. As a partner at CBM Lawyers LLP I find his actions unacceptable. I support our female staff and remain committed to a respectful workplace, free of harassment. We are in negotiations with Mr. Johnston regarding his connection with the firm.鈥
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