In what circumstances will a solicitor be liable for the disgorgation of secret profit from a property developer?
British Columbia, Canada
The following excerpt is from Canson Enterprises Ltd. v. Boughton & Co., 1995 CanLII 1941 (BC CA):
20 In Jacks v. Davis, supra, the solicitor had not received any of the secret profit. Prior to judgment being granted against the solicitor, the secret profit had been paid over to the plaintiff by the person who had received it. The judgment against the solicitor took into account the disgorgement of the secret profit by its recipient, but as the trial judge found that the value of the property was well below the amount paid by the developer before the "flip", the judgment awarded against the solicitor was substantial.
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