Is imputed knowledge imputed when a member of the Law Society of Upper Canada is involved in a fraudulent transaction?

Ontario, Canada


The following excerpt is from Law Society of Upper Canada v. Michael Andrew Osborne, 2012 ONLSHP 57 (CanLII):

In Law Society of Upper Canada v. Kadir Baksh, [2004] L.S.D.D. No. 24 (ONLSHP) at para. 57 the following passage is noted: It is possible that on the first occasion and perhaps even a second occasion the member might have been taken in and partially excused. But that does not excuse subsequent failures. By the time of the second or at least the third transaction he knew or should have known that a fraud was in progress. At that point the concept of imputed knowledge couldn’t apply because (on the facts that will be analyzed) it should have been obvious to the member that the lending institutions didn’t in fact know.

LSUC v. De Landro, [2006] L.S.D.D. 10 at para. 129 states, “the evidence demonstrates that the member deviated so substantially and so repeatedly from the standards of a reasonably competent solicitor in the real estate field, and from the instructions given to him by his lender clients and from his undertakings, that the only logical inference that can be drawn from his actions is that the member “knowingly” participated in this wrongful conduct.”

Other Questions


What is the starting principle for an award of costs in a personal injury action brought by a member of the Law Society of Upper Canada? (Ontario, Canada)
What is the appropriate penalty for misconduct by a member of the Law Society of Upper Canada? (Ontario, Canada)
What is the current state of the law society of Upper Canada with respect to mental health issues? (Ontario, Canada)
In what circumstances have the Law Society of Upper Canada suspended or suspended a lawyer for misrepresentation on a mortgage application? (Ontario, Canada)
Is it appropriate for the Law Society of Upper Canada to award costs respecting an appeal? (Ontario, Canada)
Does the Law Society of Upper Canada have to pay the costs of prosecuting the misconduct of individual licensees? (Ontario, Canada)
Can a lawyer or paralegals who fail to maintain proper books and records prevent the Law Society of Upper Canada from fulfilling its duty to regulate them? (Ontario, Canada)
What is the current standard of conduct for a lawyer who has been found guilty of misconduct by a panel of the Law Society of Upper Canada for failing to comply with the rules of professional conduct? (Ontario, Canada)
What is the test for negligence in the performance of the Law Society of Upper Canada? (Ontario, Canada)
In what circumstances have the Law Society of Upper Canada found that a lawyer hired an unlicensed individual who had previously been convicted of dishonesty and dishonesty? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.