Thursday, October 04, 2012

Today Davies Bagambiire is before regulatory body, Law Society of Upper Canada, responding to allegations of mortgage fraud: See Application [The Notice alleged that he "participated in or knowingly assisted in dishonest or fraudulent conduct by his vendor and purchaser clients, or associated persons, to obtain mortgage funds under false pretences in connection with the purchase, sale and mortgage transactions [in respect of 5 properties]".

Davies Bagambiire attempt to have these regulatory proceedings stayed on the basis of delay failed: Law Society of Upper Canada v. Davies Bagambiire, 2012 ONLSHP 122 (CanLII): "In his affidavit the Lawyer states that the delay in the proceedings has had a negative impact on his practice, caused by the time required to locate and produce files for the Law Society, the insecurity and uncertainty of being under investigation and eight years of disadvantage in attempts to expand his practice as he was unable to hire prospective employees due to the stigma of the Law Society investigation."

For his past misconduct history see,
Law Society of Upper Canada v. Davies Bagambiire, 2011 ONLSHP 69 (He was ordered to serve a one-month suspension, to commence 24 December 2010. He was ordered to refund to client TF the $5,000 retainer, by the end of June 2011); Law Society of Upper Canada v. Davies Bagambiire, 2008 ONLSHP 70 (The Lawyer is suspended for two months, commencing March 1, 2008. Upon return to practice, the Lawyer shall be supervised for a period of two years) and See also, Re Bagambiire Formal Hearing Panel Decision, N.S.B.S. 43, November 15, 1990

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