Not exact matches
This is particularly
true in
cases of mortgage
fraud where lawyers have not disclosed prior property flips, unpaid deposits and doubtful credits.
These included the
cases of Gohil v Gohil [2015] UKSC 61 and Sharland v Sharland [2015] UKSC 60, which enshrined the principle that «
fraud defeats all» — that is, if one party to a divorce deliberately misleads the other about their finances, then any subsequent order that is made can be set aside unless it can be proved that the other party would have agreed to the order even if they knew the
true state of the fraudulent party's finances.
This was never more
true than in the recent Ontario
case of Business Development Bank of Canada v. Experian Canada Inc. where the Business Development Bank learned the hard way that even the most well - run procurement process can not prevent
fraud.
On the real estate
fraud front, we have seen several high profile
cases in Ontario in which a family member was the first
true victim of the
fraud, often because a Simultaneously acting for members of same family is more risky power of attorney was fabricated or used incorrectly by another family member.
This is especially
true in
cases where there are high chances of
fraud.