How have courts dealt with the issue of forged signatures in real estate files?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Dillon, 2016 ONLSTH 167 (CanLII):
The lawyer in Puskas v. Law Society of Upper Canada[7] practised mostly criminal law and employed a non-lawyer clerk who did the “legwork” on real estate files and assisted him with all aspects of office administration and bookkeeping, prepared cheques, attended to banking matters and interacted with clients. She had access to the lawyer’s Teranet disk and pass code. Unbeknownst to the lawyer, she also had access to an old trust account which the lawyer believed had been closed. The clerk caused sales and mortgage proceeds to be moved to that account and then took the funds. She had forged the lawyer’s signature on a number of occasions.
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