Law Society Tribunal Decisions and legal issues; civil litigation, family law, corporate and commercial law, real estate and estates. As part of this mandate, the Law Society's Hearing and Appeal Panels recently heard the following matters. Hearing and Appeal Panels are composed of Law Society benchers - lawyers and lay people who are responsible for determining the appropriate disposition of cases.
Vishnu Rajendra Poonai (1992), of the City of Brampton
Decision: Member is immediately disbarred.
The notation following a lawyer's name indicates their year of call to the Bar.
Posted on April 17, 2007 - Vishnu Rajendra Poonai (1992*), of the City of Brampton, was found to have engaged in professional misconduct for, in the course of acting as solicitor in real estate transactions respecting at least 49 properties: knowingly aiding and assisting in a scheme to obtain mortgage funds from the mortgagees under false pretences, by misappropriating or otherwise dealing dishonestly with a client's or a third party's money or property; with respect to certain of the properties, causing other solicitors to act on such transactions on behalf of the mortgagees, but at his direction, and knowingly assisting or inducing another lawyer to violate or attempt to violate the Rules of Professional Conduct; violating or attempting to violate a rule in the Rules of Professional Conduct or a requirement of the Law Society Act or its regulations or by-laws; knowingly assisting in dishonesty and fraud; failing to be honest and candid with his clients, the mortgagees, with respect to certain of the properties, by failing to disclose that the properties were being "flipped" for a profit; failing to conduct himself in a way as to maintain the integrity of the profession; failing to serve the interests of his clients, the mortgagees, with respect to certain of the properties, by failing to disclose that the properties were being "flipped" for a profit; acting in a conflict of interest against his clients, the mortgagees by continuing to act on mortgage transactions with respect to certain of the properties, while failing to disclose that the properties were being "flipped" for a profit and, in so doing, preferred the interests of his purchaser clients over those of his mortgagee clients; failing to disclose all information relevant to mortgage transactions to his clients, the mortgagees, with respect to certain of the properties, by failing to disclose that the properties were being "flipped" for a profit; failing to care for his clients' property as a careful and prudent owner would, by directing the proceeds of sales belonging to his clients, purchasers of certain of the properties, to third parties in the absence of genuine direction to do so; failing to promptly notify his clients when money or other property of the client was received, by directing the proceeds of sales belonging to his clients, purchasers of certain of the properties, to third parties in the absence of genuine direction to do so, and without the knowledge of those clients; failing to promptly account for his clients' property that was in his custody, by failing to give an honest account of the disbursement of mortgage proceeds when called upon by his clients, the mortgagees, with respect to certain of the properties; charging and accepting amounts for fees and disbursements that were not fair or reasonable and were not disclosed in a timely fashion, by charging fees in excess of what was fair and reasonable in purchase and sale transactions with respect to the properties.
By Decision and Order dated April 11, 2007, the Hearing Panel ordered that:
- the Member is immediately disbarred.
- costs are to be addressed, by the parties, in writing to the Hearing Panel within 15 days.
(Counsel for the Society, Brendan Jon Van Niejenhuis and Scott Hutchison / Counsel for the Member, Vanessa Victoria Christie)