Disciplinary panel rejects former U of M law dean’s bid to delay embezzlement hearing

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This article was published 18/09/2023 (770 days ago), so information in it may no longer be current.

A disciplinary panel unanimously dismissed a former law dean’s 11th-hour request Monday to delay a public hearing into accusations he embezzled funds from the University of Manitoba.

Lawyer Jonathan Black-Branch cited mental-health reasons for the request to delay.

More than four months ago, the Law Society of Manitoba — the legal profession’s watchdog — set aside this week for disciplinary proceedings related to Black-Branch’s alleged “breach of integrity” when he was at the helm of Robson Hall.

Black-Branch, who has expertise in international law and nuclear treaties, oversaw Manitoba’s only law school between July 2016 and June 2020.

The senior administrator went on an unexplained leave of absence, which became permanent, shortly after the winter semester ended in 2019-20. There was no explanation provided for his departure.

Around the same time, U of M released a whistleblower report that indicated an internal investigation concluded an unnamed manager had engaged in conflict of interest, and was found to have both mismanaged and misused school funds.

It took about a year for the law society to investigate a tip that Black-Branch was the anonymous individual, meet with university officials and authorize a professional misconduct charge.

The watchdog scheduled official proceeding dates in May, following more than a year of back-and-forth with Black-Branch, who is living abroad and was, until several weeks ago, being represented by a Winnipeg-based lawyer. He is now representing himself.

Black-Branch has not provided any interviews relating to the case. He was nowhere to be found on the first day of his hearing at the law society’s St. Mary Avenue office.

Shortly after the hearing began at 9:30 a.m., it was revealed that Black-Branch had previously been successful in requesting a delay — citing his well-being — leading to this week’s schedule.

The latest request arrived early Monday.

Rocky Kravetsky, counsel for the law society, indicated he received an email from Black-Branch at 6:04 a.m. Monday to once again initiate a request for the hearing to be adjourned indefinitely.

As he argued in favour of a panel denying the plea, Kravetsky said Black-Branch had not provided any evidence of a diagnosis or other medical documentation to back up his claims that he cannot participate in a hearing as a result of a longstanding psychological condition.

“If there was really an issue, there would be a medical report by now. It’s been a year and a couple of months since this was first raised in a (pre-conference hearing). It’s not that hard to get a medical note,” he said.

Kravetsky said he has no regrets about accepting previous requests to push back proceedings in recent months because a person should have reasonable time to take care of a mental-health issue, “but that time has run out.”

The parties met for pre-conference hearings in July 2022 and again, this year, in May. A chairperson declined to leave the case in limbo at the May meeting, citing the absence of medical information provided by Black-Branch.

Kravetsky argued the hearing should proceed as scheduled, because the matter is “of some public interest.”

After the three panel members — including two lawyers and a public representative — deliberated for about 10 minutes, chairman Grant Mitchell announced the decision to deny the request and recess in order to notify Black-Branch.

The hearing is slated to resume at 9:30 a.m. Wednesday.

Later this week, Kravetsky is expected to call on at least one witness — Janice Martin, director of audit services at the U of M — to discuss allegations of Black-Branch’s inappropriate spending.

The law society’s evidence is expected to shed light on accusations the former dean misused funds at local businesses, including the Manitoba Club and Across the Board Game Café.

maggie.macintosh@freepress.mb.ca