Can a solicitor be found to be culpable in a conspiracy tort to assist a client in fraudulent conveyances to do harm to a specific creditor?

Alberta, Canada


The following excerpt is from Mraiche Investment Corporation v. McLennan Ross LLP, 2012 ABCA 95 (CanLII):

As noted above, the chambers judge assumed for argument’s sake that a solicitor can be found to be culpable in a conspiracy tort to assist a client in fraudulent conveyances to do harm to a specific creditor of the client of which the solicitor is aware, depending on the available evidence. He was satisfied that if such conspiracy tort could be proven, the solicitor would not be shielded by the Code of Professional Conduct for lawyers in so doing: see e.g. Datanet Information Systems v. Belzil, 2010 ABQB 72 (CanLII), 485 AR 301 at para. 91.

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