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Monday, June 2, 2014

$30K PUNITIVE DAMAGES AWARD AGAINST LAWYER

A Superior Court judge has found a Toronto lawyer orchestrated a mortgage fraud that bilked a senior citizen out of $75,000 and has ordered him to pay damages including a $30,000 punitive award.

David Molson acted for both the lender and borrower in a mortgage transaction. The borrower, Dr. Leslie Toth, has admitted to being a party to the fraud but has since died, according to the ruling in Himel v. Molson on May 23.

“Mr. Molson was the architect and prime beneficiary of the fraud,” wrote Justice David Corbett.

Molson, who has a practice restriction listed on the Law Society of Upper Canada’s web site, has pleaded guilty to mortgage fraud and settled a mortgage fraud case with the Royal Bank of Canada for several million dollars, Corbett noted. He ordered Molson to pay $75,000 for the amount the lender lost along with the punitive damages and costs of $50,000.

HARPER NOMINATES NEXT PRIVACY COMMISSIONER

Prime Minister Stephen Harper has nominated assistant deputy attorney general Daniel Therrien as the next federal privacy commissioner.

A member of the Quebec bar since 1981, Therrien has held several senior federal legal roles throughout his career with his current position including the public safety, defence, and immigration portfolio. He’ll replace interim privacy commissioner Chantal Bernier, who has been in the role since December 2013. The nomination still requires approval of the House of Commons and the Senate.

“He is a well-qualified candidate who would bring significant expertise in law and privacy issues to the position,” said Harper.

Therrien’s nomination is a controversial one with critics pointing to his direct role in the government’s security policies as an impairment to his job as privacy commissioner.

LEGAL AID TRENDS

Criminal charges that are eligible for legal aid certificates have gone down along with all criminal charges in Canada, according to Legal Aid Ontario.

“Criminal charges received in Ontario’s courts have decreased by 5.7 per cent over the past three years, and charges which were covered by LAO have decreased by 8.5 per cent,” LAO said in a recent analysis.

“Charges covered by certificates and duty counsel assists very closely follow the trends of the charges received in the Ontario Court of Justice. Total applications received have decreased by eight per cent compared to the same period last year.”

New refugee legislation has also decreased certificate applications by 50 to 60 per cent, according to LAO, but calls to its telephone service have increased as a result.

Since 2010, the number of assistance calls answered through LAO’s toll-free line has increased by 101 per cent, it noted in its update.

POLL RESULTS

The results of the latest Law Times online poll are in.

According to the poll, 75 per cent of respondents believe the Law Society of Upper Canada should find a way to report lawyers suspected of crimes to police.

The remaining participants felt there are too many legal barriers preventing the law society from reporting cases to police who have other ways of getting the information.

While critics feel the current system allows people to get away with crime, others say the law society can’t pass along the information it has gathered because while lawyers have the right to remain silent before the police, the same privilege doesn’t apply with law society investigations.   

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Law Times Poll


It's unknown how widely police in Ontario utilize controversial surveillance techniques that can capture private data from non-targets in criminal investigations. Do you think there should be formal requirements to release this information?
RESULTS ❯