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A real estate lawyer recommended by Ottawa do-it-yourself resale home marketing company Grape Vine has had his licence to practise law suspended after more than half a million dollars from real estate transactions was removed from his clients’ trust accounts.
Lawyer Stuart Cameron Murray had his licence suspended on an interim basis in November after the Law Society of Upper Canada said it had received complaints from clients, other lawyers in his own office, and a former employee. The complainants alleged that Murray had not accounted for sales proceeds from real estate transactions, failed to pay the land transfer tax on completed sales promptly even though clients had given him the money, or improperly removed money from a trust account.
According to law society documents, one lawyer in his Ottawa office reported in November that she was not able to pay out a seller’s mortgage because the $298,403.74 that she had deposited into the trust account that only Murray had access to was no longer there less than two days later. Another former employee alleged that Murray misappropriated at least $253,055.58 from the trust account.
In an affidavit by a law society investigator, a pair of recent transactions in the trust fund raised “red flags.” In one transaction on Nov. 15, Murray allegedly transferred out $657,089.46.
Two days later — and while law society investigators waited in his office to review his records — he allegedly went to the bank and transferred an additional $25,626.49 to a personal credit card. His bank accounts were frozen the next day. According to the law society, the balance in his trust fund account was $38,017.48 on Nov. 17. It was not clear from the law society documents where the rest of the money had gone.
Real estate lawyer Stuart Cameron Murray
At one point, in December 2015, it appeared his trust fund had a shortage of $888,731.45, the affidavit said.
And when law society investigators went to his Barrie office looking to see his files, he called the police on them. The law society was eventually able to get copies of some of the records. The law society said the police have been notified of their ongoing investigations into Murray, although it was not clear whether any charges had been laid.
None of the allegations has been proven. Murray appeared to hang up on a reporter when reached by phone and did not reply to subsequent voice mail or email messages.
Other people have since come forward with additional complaints against Murray, a 34-year-old Western University and Yale University-educated real estate lawyer who came recommended to Grape Vine customers on its website as an experienced property lawyer who could provide legal advice and assistance to sellers in one “competitive, fixed-price bundle.”
Lorraine Prescott said she is deeply in debt and on the verge of bankruptcy because she can’t get the money she and her ex-husband had in trust with Murray from the sale of their home using Grape Vine.
Prescott said that when she tried to access what remained of the $30,791.33 still in trust with Murray on Dec. 1, she got the “run around” for days from the lawyer before getting a call from a law society investigator. He told her Murray was suspended and she may or may not see the proceeds from the sale of her home, she said.
“I need that money,” said Prescott, who is bipolar and lives on a disability pension and spousal support from her ex-husband, who is also out his share of the home sale.
Prescott said she was counting on her share of the trust money from the sale of the home — $15,395.67 — to help pay off about $13,000 in outstanding debt left over from the marriage.
“I cried and cried. I banged my bed with my fists. It’s still very emotional. I’m going to have to pay $13,000. I’m going to have to declare bankruptcy,” she said. “This whole thing has caused me distress and anxiety.”
The 53-year-old volunteer at the Royal Ottawa Mental Health Centre survives on a disability pension of $800 a month and a $1,000 spousal support payment from her ex-husband to cover her $795 rent and living expenses. She is now recovering from an operation on severe arthritis in her knee.
Prescott said a Grape Vine representative who helped get her home ready to list encouraged her to use Murray because of his low fees. Murray was affiliated with Grape Vine’s “Closing Connect” program, and his picture was on its webpage.
Prescott and her sister, Claire Laroche, who is helping Prescott manage her affairs, said the only assistance Grape Vine has provided so far is to refer them to another company, HomeClosers, that administers Grape Vine’s legal services.
Lorraine Prescott, right, and her sister Claire Laroche.
Prescott said the impression she got when she called Grape Vine’s office about Murray was that they “had nothing to do with him.” Laroche added that Grape Vine has only responded once to several emails she has sent asking for help, and that was to tell them to contact the other company and file a complaint with the law society.
“I think they should be stepping up and covering all the losses,” said Laroche. “It’s beyond belief, and I’m very discouraged with how it’s being handled.”
In an email to the Citizen, Grape Vine vice-president Jennifer Neville said customers who contact them are being referred to HomeClosers, which has internal staff who will help them to formalize their claims against Murray and his law firm with the Law Society of Upper Canada. Neville said the law society has a compensation fund available to reimburse people in these types of situations.
“Grape Vine Home Marketing is committed to ensuring our clients receive the best possible service,” said Neville.
Neville wrote that three of Grape Vine’s customers have been affected by the situation involving Murray, whom the company started using in the spring of 2014 as part of its affiliation with HomeClosers. Murray’s affiliation with HomeClosers ended Oct. 7, Neville said.
There are at least six complaints against Murray at the law society, although not all of them involved Grape Vine customers. However, at least three of the complaints involved his Ottawa office.
David Ross, president of HomeClosers, said in an email that the company severed its affiliation to Murray after one other “serious” complaint that was received two months’ prior to Prescott’s complaint.
Ross said the lawyers the company uses are from “affiliated yet independent” local law firms. Ross said it monitors service levels and takes customer concerns very seriously. In an email that was sent to Laroche by Grape Vine, Ross wrote that HomeClosers would cover the cost of their working with another Toronto-area lawyer who could help them with their claim against Murray and submit it to the law society.
But the lawyer Laroche spoke to, Patrick Squire, told the Citizen that there wasn’t a lot he could do to help — he mostly directed callers to the law society to make their complaints and seek reimbursement from the law society’s compensation fund, which helps clients who have lost money because of the dishonesty of a lawyer. Squire said he also told Laroche she could file a civil lawsuit, although that isn’t his practice area.
According to the law society’s website, the claims process for receiving money from the compensation fund can take between six and 18 months or more. While a claim may take into consideration hardship suffered by the applicant, it requires proof of dishonesty. Disciplinary or criminal proceedings might need to be completed before an application is considered, according to the law society.
Prescott has since filed a complaint with the law society and intends to make a claim to the compensation fund, but she said she can’t afford to wait for her money.
Murray is next scheduled to appear before a law society hearing about his licence suspension on Feb. 15.
aseymour@postmedia.com
Twitter.com/andrew_seymour
查看原文...
Lawyer Stuart Cameron Murray had his licence suspended on an interim basis in November after the Law Society of Upper Canada said it had received complaints from clients, other lawyers in his own office, and a former employee. The complainants alleged that Murray had not accounted for sales proceeds from real estate transactions, failed to pay the land transfer tax on completed sales promptly even though clients had given him the money, or improperly removed money from a trust account.
According to law society documents, one lawyer in his Ottawa office reported in November that she was not able to pay out a seller’s mortgage because the $298,403.74 that she had deposited into the trust account that only Murray had access to was no longer there less than two days later. Another former employee alleged that Murray misappropriated at least $253,055.58 from the trust account.
In an affidavit by a law society investigator, a pair of recent transactions in the trust fund raised “red flags.” In one transaction on Nov. 15, Murray allegedly transferred out $657,089.46.
Two days later — and while law society investigators waited in his office to review his records — he allegedly went to the bank and transferred an additional $25,626.49 to a personal credit card. His bank accounts were frozen the next day. According to the law society, the balance in his trust fund account was $38,017.48 on Nov. 17. It was not clear from the law society documents where the rest of the money had gone.
Real estate lawyer Stuart Cameron Murray
At one point, in December 2015, it appeared his trust fund had a shortage of $888,731.45, the affidavit said.
And when law society investigators went to his Barrie office looking to see his files, he called the police on them. The law society was eventually able to get copies of some of the records. The law society said the police have been notified of their ongoing investigations into Murray, although it was not clear whether any charges had been laid.
None of the allegations has been proven. Murray appeared to hang up on a reporter when reached by phone and did not reply to subsequent voice mail or email messages.
Other people have since come forward with additional complaints against Murray, a 34-year-old Western University and Yale University-educated real estate lawyer who came recommended to Grape Vine customers on its website as an experienced property lawyer who could provide legal advice and assistance to sellers in one “competitive, fixed-price bundle.”
Lorraine Prescott said she is deeply in debt and on the verge of bankruptcy because she can’t get the money she and her ex-husband had in trust with Murray from the sale of their home using Grape Vine.
Prescott said that when she tried to access what remained of the $30,791.33 still in trust with Murray on Dec. 1, she got the “run around” for days from the lawyer before getting a call from a law society investigator. He told her Murray was suspended and she may or may not see the proceeds from the sale of her home, she said.
“I need that money,” said Prescott, who is bipolar and lives on a disability pension and spousal support from her ex-husband, who is also out his share of the home sale.
Prescott said she was counting on her share of the trust money from the sale of the home — $15,395.67 — to help pay off about $13,000 in outstanding debt left over from the marriage.
“I cried and cried. I banged my bed with my fists. It’s still very emotional. I’m going to have to pay $13,000. I’m going to have to declare bankruptcy,” she said. “This whole thing has caused me distress and anxiety.”
The 53-year-old volunteer at the Royal Ottawa Mental Health Centre survives on a disability pension of $800 a month and a $1,000 spousal support payment from her ex-husband to cover her $795 rent and living expenses. She is now recovering from an operation on severe arthritis in her knee.
Prescott said a Grape Vine representative who helped get her home ready to list encouraged her to use Murray because of his low fees. Murray was affiliated with Grape Vine’s “Closing Connect” program, and his picture was on its webpage.
Prescott and her sister, Claire Laroche, who is helping Prescott manage her affairs, said the only assistance Grape Vine has provided so far is to refer them to another company, HomeClosers, that administers Grape Vine’s legal services.
Lorraine Prescott, right, and her sister Claire Laroche.
Prescott said the impression she got when she called Grape Vine’s office about Murray was that they “had nothing to do with him.” Laroche added that Grape Vine has only responded once to several emails she has sent asking for help, and that was to tell them to contact the other company and file a complaint with the law society.
“I think they should be stepping up and covering all the losses,” said Laroche. “It’s beyond belief, and I’m very discouraged with how it’s being handled.”
In an email to the Citizen, Grape Vine vice-president Jennifer Neville said customers who contact them are being referred to HomeClosers, which has internal staff who will help them to formalize their claims against Murray and his law firm with the Law Society of Upper Canada. Neville said the law society has a compensation fund available to reimburse people in these types of situations.
“Grape Vine Home Marketing is committed to ensuring our clients receive the best possible service,” said Neville.
Neville wrote that three of Grape Vine’s customers have been affected by the situation involving Murray, whom the company started using in the spring of 2014 as part of its affiliation with HomeClosers. Murray’s affiliation with HomeClosers ended Oct. 7, Neville said.
There are at least six complaints against Murray at the law society, although not all of them involved Grape Vine customers. However, at least three of the complaints involved his Ottawa office.
David Ross, president of HomeClosers, said in an email that the company severed its affiliation to Murray after one other “serious” complaint that was received two months’ prior to Prescott’s complaint.
Ross said the lawyers the company uses are from “affiliated yet independent” local law firms. Ross said it monitors service levels and takes customer concerns very seriously. In an email that was sent to Laroche by Grape Vine, Ross wrote that HomeClosers would cover the cost of their working with another Toronto-area lawyer who could help them with their claim against Murray and submit it to the law society.
But the lawyer Laroche spoke to, Patrick Squire, told the Citizen that there wasn’t a lot he could do to help — he mostly directed callers to the law society to make their complaints and seek reimbursement from the law society’s compensation fund, which helps clients who have lost money because of the dishonesty of a lawyer. Squire said he also told Laroche she could file a civil lawsuit, although that isn’t his practice area.
According to the law society’s website, the claims process for receiving money from the compensation fund can take between six and 18 months or more. While a claim may take into consideration hardship suffered by the applicant, it requires proof of dishonesty. Disciplinary or criminal proceedings might need to be completed before an application is considered, according to the law society.
Prescott has since filed a complaint with the law society and intends to make a claim to the compensation fund, but she said she can’t afford to wait for her money.
Murray is next scheduled to appear before a law society hearing about his licence suspension on Feb. 15.
aseymour@postmedia.com
Twitter.com/andrew_seymour
查看原文...
