A panel of the Law Society of Ontario has ordered a two-year suspension of an attorney
The respondent contravened s. 33 of the Law Society Act by engaging in conduct unbecoming a licensee in acting in a conflict of interest, by selling his mother’s home, by failing to adequately inform his mother of that conflict and failing to recommend that she receive independent legal advice. He also acted in a conflict of interest in commencing a lawsuit against the estate of his mother’s deceased spouse. Finally, he engaged in conduct unbecoming by having his mother co-sign a loan for the repayment of funds which the respondent owed to his mother.
Law Times covered the proceeding
The misconduct arose when Rapoport swore a certificate and affidavit of solicitor in the marriage contract between his mother, Sonia Rapoport Berkelhammer and his late stepfather, Harry Berkelhammer, in 2007 and the amending agreement in 2009. In both affidavits, he stated he acted as his mother’s lawyer, had advised her regarding the marriage contract, and believed she was signing it voluntarily, fully aware of its nature and consequences. However, in acting as his mother’s continuing power of attorney for property a few years later, Rapaport denied his statements in a 2012 court application that requested the marriage contract between his mother and late stepfather be invalidated to allow her to receive equalization and spousal support payments.
In addressing his inconsistent testimonies, the tribunal wrote, “it is clear because his affidavits contradict one another, Mr. Rapoport lied in at least one affidavit. He has admitted as much, although we consider that this admission amounted to providing excuses for his misconduct, rather than reflecting a genuine recognition of the significance of providing a false sworn statement.”
In 2007, Mr. and Mrs. Berkelhammer entered into a marriage contract dividing their assets and specifying that in the event of marriage breakdown or death, the division of assets would not follow the Family Law Act. The contract also identified their assets and stated that they would be distributed based on ownership after a spouse died. In 2009, Mr. Berkelhammer’s lawyer amended the 2007 marriage contract to include specific values for the listed assets. Mrs. Berkelhammer’s assets were approximately $3 million, and Mr. Berkelhammer’s about $9 million.
In 2011 after Mr. Berkelhammer died and Mrs. Berkelhammer moved to a nursing facility, she appointed Rapoport and his sister as continuing power of attorneys for her estate. Shortly after, they sold their mother’s home under the CPAP, split the net proceeds equally, and each received approximately $334,240. They said the home sale and division of proceeds were according to their mother’s wishes, who was residing in a nursing home and needed around-the-clock care.
In 2012, Rapoport and his sister filed a court application against his late stepfather’s estate on his mother’s behalf, asking that the marriage contract and amending agreement be set aside for his mother to receive immediate equalization and spousal support payments. He swore a new affidavit disavowing his previous affidavits by saying his mother did not understand the marriage contract and its amendment and signed it under duress because she had no independent legal advice. Rapoport resigned as litigation guardian in the court application because of the contradictory sworn affidavits.
This order can be appealed.
Respondent has appealed an September 2021 revocation order based on findings that included charging excessive fees and
The respondent breached then Rule 2.03(1) of the Rules of Professional Conduct in that he, while vacationing in the Dominican Republic, worked on a client’s physical file in a hotel lobby, and showed photographs from the file to strangers.
(Mike Frisch)