What is the test for proving dishonesty of fraud in a real estate transaction?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Nguyen, 2018 ONLSTH 45 (CanLII):
The dishonesty of fraud can be proven by showing the parties misrepresented the true terms of the deal. In Law Society of Upper Canada v. Durno,[5] the appeal panel said that it was legally irrelevant whether the lawyer made a good-faith assessment of the value of the properties and concluded that the properties reasonably supported the loans. It is fraudulent to tell a lie to support even a well-secured loan.
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