Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on Facts and Determination


Suneil Kyle Sangha

Surrey, BC

Called to the bar: October 1, 2015

Written materials: October 1, 2019

Panel: Lisa Hamilton, QC (chair); Darlene Hammell; Shona Moore, QC

Decision issued: January 30, 2020 (2020 LSBC 03)

Counsel: Deborah K. Lovett, QC, for the Law Society; Michael D. Shirreff for Suneil Kyle Sangha

FACTS

Suneil Kyle Sangha represented two clients as purchasers in a real estate transaction. He understood that a numbered company would be the registered purchaser and mortgagor. The vendors executed a Form A Transfer, transferring the property to the numbered company. Sangha’s clients executed a Form B Mortgage, and under the signature portion of that form the numbered company was manually crossed out and replaced by the names of Sangha’s two clients as the borrowers. When the transaction closed, Sangha electronically filed the Form B Mortgage and a copy of the executed Form A Transfer.

When Sangha realized that his two clients ought to have been named on both forms, he tried to amend the registrations by way of a statutory declaration. The Land Title Office did not permit the attempted amendment and advised Sangha to withdraw the two forms, re-execute them, and resubmit the amended re-executed forms. After withdrawing the original forms, Sangha refiled them without having either form re-executed. He did not obtain the consent of the vendors before filing the amended Form A Transfer, and did not advise them of the changes. He did not advise one of his clients of the amendments to and refiling of the forms, nor did he have in his possession a true copy of either form matching the copies he filed with the Land Title Office.

In another real estate transaction Sangha represented two clients as the purchasers. The Form A Transfer was executed by the vendor and named Sangha’s clients as joint tenants but incorrectly stated one client’s first name. The Form B Mortgage was executed by the clients. Sangha electronically filed a Form A Transfer that corrected the client’s first name but omitted the reference to the clients as joint tenants. He did not advise the vendor about the changes and did not obtain the vendor’s consent before filing the amended form. The Form B Mortgage that was filed by Sangha differed from the executed version and did not list his clients as joint tenants. Sangha did not have a true copy of an executed Form B Mortgage that matched the form he filed with the Land Title Office.

In a third real estate transaction, Sangha represented four clients as purchasers. The vendors entered into a contract of purchase and sale with one of the clients, naming that client as the purchaser. The day after the transaction closed, Sangha filed a Form A Transfer listing all four clients as owners. The vendors had not re-executed the form to permit the additional three owners. Sangha did not have a true copy of an executed Form A Transfer that matched the copy he filed with the Land Title Office.

In a fourth real estate transaction, Sangha represented a client as purchaser. A contract of sale was entered into between the vendors and a numbered company. The vendors executed a Form A Transfer transferring the property to a different numbered company.

Sangha advised the vendors’ lawyer that he had been informed that his client, a director of the second numbered company, would be completing the transaction in his personal name and his mother’s name. The vendors’ lawyer consented to the change and asked to be provided with a signed Assignment of the Contract of Purchase and Sale from the company to Sangha’s client and his client’s mother.

A contract addendum was signed on behalf of the first numbered company agreeing that the buyer reserves the right to register the property in the names of Sangha’s client and that of the client’s mother. The client and his mother executed a Form B Mortgage. Sangha electronically filed a From A Transfer naming only his client as purchaser. When he filed, Sangha did not have a true copy of an executed Form A Transfer that matched the copy he filed with the Land Title Office.

DETERMINATION

The hearing panel found that Sangha had committed professional misconduct with respect to each of the four transactions.

 

2020 LSBC 03 Decision on Facts and Determination