What is the penalty for knowing participation in mortgage fraud?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Snidr, 2014 ONLSTH 56 (CanLII):
In Law Society of Upper Canada v. Mucha, 2008 ONLSAP 5 (CanLII), the appeal panel at paras. 23 and 28 found that revocation is the ordinary penalty for knowing participation in mortgage fraud. The public interest must be the overriding consideration in such cases, and only “extraordinary or exceptional circumstances” permit a departure from a disposition of revocation. Such circumstances could include “compelling psychiatric or psychological evidence” that could explain why the misconduct occurred, why the actions were out of character and why it was unlikely to happen again.
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