At Investigation Counsel PC, we are often asked by victims of fraud for advice with respect to negotiating settlements in fraud actions. To state the obvious, fraud victims often have a well-founded skepticism that the defendant they settled with cannot be trusted to...
On September 6, 2018, the Alberta Court of Queen’s Bench released its decision in TD Waterhouse Canada Inc. v Ghebrezghi, 2018 ABQB 646 (“Ghebrezghi”). This case was highly relevant to one of our cases due to the similar factual matrix. In Ghebrezghi, the investor...
Can a Complaint to the OSC Prohibit a Criminal Prosecution? On May 29, 2018, the Ontario Superior Court of Justice released its decision in R. v. Vuong and Quach, 2018 ONSC 3348. This case is helpful to fraud victims in terms of the information it provides about the...
Liability of Agents in Loan Transactions In cases where fraud is not alleged and where only breach of contract is asserted, whether a transaction is characterized as a loan or an investment can be critical to whether judgment will be issued. If a transaction is viewed...
On March 7, 2018, Justice Dunphy of the Superior Court of Justice, Commercial List, in Toronto, issued his judgment in the case of Atlas Copco Canada Inc. v. David Hillier, 2018 ONSC 1588. In this case, the plaintiff Atlas Copco Canada Inc. had brought a motion for...
We are often asked by fraud victims – what happens to their judgment if the defendant assigns him or herself into bankruptcy? Does the bankruptcy assignment wipe away the debt? The answer is generally “no” when the claim was pleaded as a fraud and/or breach of...
