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Why The Criminal Process is Secondary in Fraud Recovery – Part I Criminal Search Rights Override Victim Recovery Rights

This blog summarizes a recently published decision from the Ontario Superior Court of Justice, R. v. Tashanna Mullings, 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 such time as there is no reasonable prospect of recovery. Fraud victims need to understand that the Canadian criminal justice system, in its application …Read More

What Fraud Victims Should Know About Investigation Report Privilege Waiver

Pleading fraud is a more specialized task than pleading other kinds of allegations. According Rule 25.06 of Ontario’s Rules of Civil Procedure, fraud must be pleaded with particulars of material facts due to the serious nature of the allegations. This is a topic we at Investigation Counsel PC have written about previously. You may access that blog post here. This blog summarizes a recent decision of the Ontario Superior Court …Read More

When Lawyer Misstatements Amounts to Civil Fraud

This blog summarizes a recently published decision from the Ontario Court of Appeal which somewhat clarifies the where the line is drawn between a lawyer’s fair and zealous advocacy for their client and their liability for civil fraud for deceiving the Court and opposing counsel with false statements. In our fraud recovery litigation, from time to time, we encounter lawyers for alleged fraudsters who make positive statements on behalf of …Read More

WHAT FRAUD VICTIMS SHOULD KNOW ABOUT THE TAX CONSEQUENCES ON SETTLEMENTS IN FRAUD ACTIONS

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 fulfill their settlement obligations honourably. In 2018 we acted as counsel for Kuwait investors who lost $1.8M to a British Columbia based business associate. At the eve …Read More

What Investors Should Know About Negligence Claims Against Financial Institutions

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 rolled the dice in a trial against TD Waterhouse and had his entire case dismissed with costs to be ordered against him.  In our case, the …Read More

Canada’s First Maximum 14 Year Sentence for Fraud Focuses on the Impact on Victims

On June 11, 2018, the Ontario Superior Court of Justice in Kitchener released its decision in the criminal sentencing of investment advisor Daniel Reeve: R. v. Reeve, 2018 ONSC 3744. The Court handed out the first maximum sentence for fraud in Canadian history since the legislative changes in 2004 that increased the maximum jail sentence to 14 years. What follows in this article are direct quotes from the trial and …Read More

What Fraud Victims Should Know About the Interplay between OSC and Police Fraud Investigations

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 interplay between police (criminal) and regulatory (securities commission) investigations, the appropriate body to which to make a complaint, and when this should …Read More

What fraud Victims Should Know about Loans versus Investments

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 as an investment where the investor took on the risk, there may be no cause of action. If the transaction is viewed as a …Read More

Press Release Re. Cosimo “Cosmo” Polidoro

May 29, 2018 – Cosimo “Cosmo” Polidoro 1861 Una Road Pickering, Ontario Date of Birth: February 12, 1962  On May 15, 2018, Cosimo “Cosmo” Polidoro was found liable by the Ontario Superior Court of Justice in Toronto of contempt of court. The sentencing of Mr. Polidoro is to take place on July 16, 2018, at 361 University Avenue, Toronto. The contempt of court proceedings against Mr. Polidoro were commenced due …Read More

What Fraud Victims Should Know About Civil Liability for Criminal Fraud

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 summary judgment against one of the defendants – Mr. Plate – for fraud, breach of fiduciary duty and conspiracy. The Court dismissed Atlas …Read More

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