What is the impact of a health condition on the penalty for trust accounting breaches?
British Columbia, Canada
The following excerpt is from Harder (Re), 2006 LSBC 48 (CanLII):
The Panel notes initially that we have accorded lesser weight to those cases provided to us that do not involve a misappropriation of funds. We considered Lamontagne v. Law Society of Saskatchewan, [1991] S.J. No. 165 (CA), where an appeal court reduced a period of suspension from two years to one (with a dissenting opinion). The case was concerned with a variety of allegations, including trust accounting violations and trust condition breaches. Lamontagne was offered as authority for the proposition that the Respondent’s health condition should weigh heavily on the decision as to penalty.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a joint account is held in trust for the estate of a deceased joint account holder? (British Columbia, Canada)
What are the implications of a finding of breach of trust conditions for a law firm? (British Columbia, Canada)
What is the test for establishing that a transferor intended to transfer funds from a bank account to a personal trust account at the time of the transfer? (British Columbia, Canada)
How have the Law Society of BC treated a breach of trust accounting rules? (British Columbia, Canada)
Does the fact that some funds may have been transferred to the joint account of a joint account with a different bank account make up for the failure to plead or lead evidence on false statement and inducement? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
When the BCLRC recommended that the distinction between express and constructive trusts be abolished for limitation purposes, does the distinction take into account the remedial constructive trust? (British Columbia, Canada)
How have the courts interpreted the doctrine of fiduciary trust in the context of an alleged breach of trust? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Can a stranger to a trust be personally liable for breach of trust? (British Columbia, Canada)
