Ontario Lawyers Gazette - The Law Society of Upper Canada

the member shall notify the Secretary of the Law Society in writingwhenever the member acts as an independent contractor in thecapacity of a per diem duty counsel for Legal Aid Ontario; and the member shall not maintain any trust accounts in connectionwith his law practice.(Counsel for Society, Amanda Worley /Counsel for member Daniel Moore)John Paul Burk (1964, 63) of the City of Mississauga was found guilty ofprofessional misconduct for:• participating in a transaction whereby mortgage monies wereobtained and disbursed from his client, a bank, in relation to theproperty at 2024 Dufferin Street, Toronto (the "Property") by:• failing to disclose to the bank that the purchase price paid toanother bank for the property was less than the principalamount of the bank's mortgage;• failing to disclose to the bank the existence of theagreement of purchase and sale for the property betweenanother bank and individual “A” for $148,000;• commissioning a false and misleading land transfer taxaffidavit, in that, although land transfer tax was paid on theamount of $160,000, said affidavit in paragraph 4(a)provided for consideration in the amount of $160,000, whenthe actual consideration paid was less than that amount;• altering the consideration on the deed to be registered forthe sale of the property by another bank to reflect theincreased purchase price of $160,000;• failing to disclose to the bank that the mortgage fundsadvanced were the only funds used to complete thetransaction, and, were partially disbursed to individual “A”and third parties, when those funds were intended to bepaid on account of the purchase price of the property;• failing to advise the bank that he was acting for individual“A” and individual “A”, in trust;• acting in conflict of interest by failing to protect the interestof the bank that provided first mortgage financing by failingto disclose to the bank that he was also acting for thevendor and that the properties were being flipped at a profit;• participating in a transaction whereby mortgage monies wereobtained and disbursed from his client, a trust company, in relationto the property at 746 Dupont Street, Toronto by:• failing to disclose to the trust company that the purchaseprice paid to a second trust company for the property wasless than the principal amount of the trust company’smortgage;5