A Vernon lawyer already banned from practicing law for improper dealings with elderly clients has now been found to have misappropriated $117,000 from a female client with dementia.
The ruling against Leonard Hil Marriott is detailed in a Sept. 24 decision of a Law Society of British Columbia tribunal. The Society defines misappropriation as “tantamount to theft.”
The decision says Marriott used the woman’s money to buy an apartment for himself and to pay out another client’s estate.
“The purported loan was contrary to [Marriott’s] duty of loyalty and duty to not use his position for personal advantage,” reads the decision.
It says Marriott has not repaid the money.
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Last year, the Law Society banned Marriott for 10 years after he was found guilty of professional misconduct in cases involving two unrelated elderly clients.
The newest decision concerns a third client, a woman who was 84 when Marriott began acting on her behalf in 2017.
It says in 2018, Marriott prepared a power of attorney agreement that authorized him “to make decisions and do anything on the [woman’s] behalf in relation to her financial affairs.”
In addition to the misappropriated funds, the Law Society says Marriot arranged paperwork to give himself a half ownership stake in her condo, worth almost $400,000 at the time.
Once he was on the property title, a maintenance enforcement order for unpaid child support was registered against the property by his former spouse. The order was eventually removed.
In March of last year, Marriott transferred legal title back to the woman at the request of the Law Society.
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Marriott also created a will for the woman, naming himself executor and recipient of 75 per cent of her estate, according to the decision.
The disgraced lawyer said that he was aware the woman suffered from progressive dementia and claimed to have developed a “close familial-like relationship” with her.
While he admitted to the majority of the facts in the case, he argued unsuccessfully that the Law Society should deem the $117,000 an “improper withdrawal of funds,” a less serious finding than misappropriation.
Speaking generally, B.C. forensic accountant and certified fraud examiner Marilyn Mellis said the findings of a regulatory body like the Law Society would not trigger a criminal charge or investigation because determining criminality is outside its scope.
Mellis said in her experience, it is rare for police or the Crown to pursue prosecution in cases of alleged white collar wrongdoing.
“They just don’t,” said Mellis. “They’re just not interested in it, and it leaves people frustrated.”
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Mellis, who is based in Peachland, says regulatory bodies do not have the power to seek repayment for victims.
“They have no right to demand it, that’s up to the court if the process goes through either civil or criminal [proceedings],” she said.
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Three years ago, the woman’s family filed a civil suit in B.C. Supreme Court alleging Marriott conspired to divert her money for his benefit and to gain control of her property.
Marriott denied the allegations, stating in a response that he “always followed the instructions … while she had capacity to give such instruction and otherwise always acted in her best interest.”
In a separate petition, family members have asked the court to appoint them as the woman’s legal guardians. The case is still before the courts.
After his ban in 2025, Marriott’s North Valley Law practice was seized by the Law Society after he was found to still be controlling solicitor trust accounts.
CBC News attempted to reach Marriott for comment, but did not hear back.
