Can a solicitor be found guilty of fraud if he discovers that a mortgage is not perfected by registration?
Saskatchewan, Canada
The following excerpt is from Hackworth v. Baker, 1936 CanLII 122 (SK CA):
Battison v. Hobson [1896] 2 Ch. 403, 65 L.J. Ch. 695: Here the person charged with fraud was a solicitor, whose peculiar duty it was to protect the interests of his client. He discovered that a security in which his client was interested was not perfected by registration. He then took and registered a subsequent mortgage on the same property in his own favour. Such action by a solicitor was held to be actual fraud.
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