2 total
The court adjourned a mortgage discharge application due to factual disputes and disqualified the respondent's counsel for swearing an affidavit.
The applicant sought a declaration that a mortgage was paid off and for its discharge, alleging payment to the respondent law firm via third-party bank drafts.
The law firm denied accepting the funds as payment for the mortgage, citing issues with third-party identity verification and authorization.
The court found significant factual disputes not amenable to a short application hearing.
Procedural orders were made, including a timetable for evidence, consolidation with a related action, payment of disputed funds into court, and a ruling that the law firm's counsel, who had sworn an affidavit, could not continue to act as counsel for the corporate respondent.
Real estate salesperson registration refused due to false statements regarding a past sexual assault conviction.
The appellant appealed the Registrar's proposal to refuse his registration as a real estate salesperson.
The Registrar refused registration on the grounds that the appellant made a false statement in his application regarding a past sexual assault conviction and that his past conduct afforded reasonable grounds for belief that he would not carry on business with integrity and honesty.
The Licence Appeal Tribunal found that the appellant knowingly provided an exculpatory and false explanation of his conviction, minimizing his behaviour and casting himself as the victim.
The Tribunal directed the Registrar to carry out the proposal and refuse the registration.
