DATE: 20040121

DOCKET: C40250

COURT OF APPEAL FOR ONTARIO

RE:

THE LAW SOCIETY OF UPPER CANADA (Applicant/ Respondent) –and– LEE EDWARD FINGOLD (Respondent/Appellant)

BEFORE:

LABROSSE, MOLDAVER and GILLESE JJ.A.

COUNSEL:

Lee Edward Fingold

the appellant in person

Dennis J. Reeve

for the respondent

HEARD AND ENDORSED:

January 21, 2004

On appeal from the judgment of Justice Robert F.B. Scott of the Superior Court of Justice dated March 1, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant was found in contempt of a consent court order prohibiting him from “acting, holding himself out as, representing himself or practicing as a barrister or solicitor.”

[2] The appellant was disbarred by the Law Society specifically for the misappropriation of funds in the context of his real estate practice.

[3] The appellant admits that he closes real estate deals and offers services in the areas of wills, real estate and incorporation.

[4] There was ample evidence before Scott J. that the appellant was acting for and representing vendors and/or purchasers in real estate transactions, he was advising clients as to their rights and obligations under the law and preparing documents pertaining to legal rights and thereby acted and practiced as a solicitor. There was also evidence that the was acting for both the purchaser and vendor in the same transaction and submitted a fraudulent document upon closing of a transaction.

[5] The appellant was properly found in contempt. The appeal is dismissed with costs fixed at $3,000.00.

[6] Order to go for payment out of the monies paid into court as security for costs, to the Law Society of Upper Canada.