In what circumstances have the Law Society of Upper Canada suspended or suspended a lawyer for misrepresentation on a mortgage application?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Gregoropoulos, 2016 ONLSTH 148 (CanLII):
In Law Society of Upper Canada v. Senjule,[17] the inexperienced lawyer, who was operating under extremely stressful personal circumstances and ran a marginal practice without adequate mentorship or support, was suspended for five months. The lawyer had been duped by unscrupulous clients in 27 transactions. She had failed to disclose material facts or misrepresented material facts to her lender clients, including the fact that mortgage funds advanced exceeded the balances due on closing, and that surplus funds were paid to persons having no interest in the transactions. The hearing panel found that the lawyer had been careless, but not reckless or willfully blind.
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