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Barristers’ society reprimands Halifax lawyer Eric Durnford for sexual harassment, discrimination

Three lawyers and one legal assistant resigned, at least in part, because of his conduct, according to the society

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Halifax lawyer Eric B. Durnford has been reprimanded by the provincial barristers’ society for engaging in a course of sexual harassment and sexual discrimination involving six women from 2010-18.

Durnford engaged in unwelcome touching; made inappropriate and unwelcome sexualised and sexually suggestive comments; gave unwelcome attention, including comments about women’s appearance; gave unwanted gifts, including wine; gave sexualized or otherwise inappropriate materials, including a poem, notes and cards; and invaded witnesses’ personal spaces, according to a reprimand posted on the website of the Nova Scotia Barristers’ Society.

According to a statement of facts, Durnford began practising law in 1970. He was with McInnes, Cooper and Robertson, later McInnes Cooper, until 2008, when he formed Ritch Durnford.

Eric Durnford
Eric Durnford

In 2015, he left to form Barteaux Durnford with law partner Nancy Barteaux.

Durnford, who practised primarily in labour and employment law, entered into an agreement with the society in November 2018 to cease practising law until further notice. He retired from Barteaux Durnford on Dec. 1, 2018, and his practising certificate was administratively suspended on July 1 for non-payment of fees, according to the society.

A written complaint was filed on Oct. 15, 2018 by a female lawyer identified by the initial B. She alleged that Durnford sexually harassed her between 2010-15, while she was an associate. The conduct ended in 2015, and B and Durnford continued to work together until 2018, according to the statement.

During the course of the investigation, additional allegations of sexual harassment and discrimination on the basis of gender were brought to the society’s attention involving two other female lawyers, as well as three female legal assistants, regarding conduct by Durnford that they alleged occurred between 2014-18.

Durnford was in a position of power in relation to most of these witnesses, and three lawyers and one legal assistant resigned, at least in part, as a result of his conduct, according to the society.

Durnford was also found to have stored pornographic materials in various workplaces on five occasions from 2013-17, despite warnings and internal disciplinary actions.

“The inappropriateness and unprofessionalism of Mr. Durnford’s conduct was addressed with him to one extent or another in 2011, 2013, 2014, 2015 and 2017,” according to the society.

“Since 2015, Mr. Durnford has been receiving professional and other counselling to obtain insight regarding proper boundaries in his interactions with women. He continues with that counselling.”

The society’s complaints investigation committee reviewed the matter on Oct. 29 and made findings of professional misconduct and conduct unbecoming.

“Mr. Durnford admits that he breached the rules,” the society said.

“He expressed his sincere apology to B, the other women and the society.”

Durnford will retire and acknowledged that the complete investigation file will be available to the credentials committee if he applies for reinstatement of his practising certificate.

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