In what circumstances will a solicitor plead guilty to fraudulent misrepresentation?

Saskatchewan, Canada


The following excerpt is from Royal Bank of Canada v. Kwiatkowski, 1989 CanLII 5094 (SK QB):

In the circumstances, reaffirming the principles enunciated in the numerous authorities referred to by me at pages 575 and 576 of Royal Bank v. Kwiatkowski, supra, and reiterating again that it is most improper for a solicitor, without any foundation or instructions therefor, to allege fraudulent misrepresentation, and thereby place the bank in the position of having its counsel prepare therefor, and thereby lengthened this trial, and caused this application, such a plea must, in the particular circumstances be categorized as, inter alia, a gross dereliction of the respondent solicitor's duty to the litigants, particularly the applicant bank, and the court.

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