What is the test for a revocation of a mortgage where a licensee has knowingly participated in mortgage fraud?

Ontario, Canada


The following excerpt is from Law Society of Upper Canada v. Savone, 2015 ONLSTH 49 (CanLII):

In Mucha, the Appeal Panel said at para. 28 (emphasis in the original) that: As noted earlier, we do not suggest that there can never be exceptional circumstances justifying departure from the ordinary disposition of revocation where the licensee has knowingly participated in mortgage fraud. By way of illustration only, there may be compelling psychiatric or psychological evidence that, among other things, credibly indicates not only that the misconduct was out of character and unlikely to recur, but explains why it occurred: See Law Society of Manitoba v. MacIver, [2003] L.S.D.D. No. 29. …

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