This paper is for our presentation at the Association of Certified Forensic Investigators of Canada on October 5, 2022. A corresponding power-point will be used at the presentation. The statements made in this paper are word-for-word as stated in our factum filed with...
In August 2019, we published a blog entitled Why the Criminal Process is Secondary in Fraud Recovery – Part II: Criminal Funding Rights Override Victim Mareva Recovery Rights.[1] The recent Madan Family Fraud case by the Ontario government, released on December 24,...
At the commencement of the COVID-19 era, the Courts in Ontario (and elsewhere) declared that they were shutting down other than for the hearing of urgent cases. What constitutes an urgent case with respect to fraud cases was not precisely defined. The Ontario Courts...
At Investigation Counsel, we receive inquiries from fraud victims, often through the internet, requesting information on alternatives to traditional civil recovery due to the cost of private litigation. One such request was for information as to whether recoveries are...
In our prior blog, Why the Criminal Process is Secondary in Fraud Recovery – Part I – Criminal Search Rights Override Victim Recovery Rights, we summarized the recently released case of R. v. TM, 2019 ONSC 2408, published by the Ontario Courts. The bottom line of...
This blog summarizes a recently published decision from the Ontario Superior Court of Justice, R. v. TM, 2019 ONSC 2408, which once again demonstrates why fraud victims are, in most cases, well advised to withhold making a criminal case in fraud cases at least until...
