What is the penalty for knowing assistance in mortgage fraud?

There have been some instances where a different penalty has been imposed in cases of knowing assistance in mortgage fraud. In Law Society of Upper Canada v. Stone, 2012 ONLSHP 116 (CanLII), the hearing panel found that the lawyer, who was 77 years old at the time, had contributed to his community for 52 years and was in ill health at the end of his career. The lawyer had suffered three strokes and had not practised law since 2008. He would not be returning to practice. The panel found at para. 40 that these circumstances were sufficiently exceptional to justify a penalty of permission to surrender his licence.

In two matters where hearing panels found knowing assistance in mortgage fraud and imposed suspensions, these penalties were reversed on appeal and new hearings were ordered. (See Law Society of Upper Canada v. Shah, 2013 ONLSAP 7 and Law Society of Upper Canada v. Osborne, 2013 ONLSAP 14.)