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...
We are often asked by fraud victims for recovery information with respect to breaches of trust related to land transactions. We recently recovered $2.+M for victims of fraud in a land transaction where the initial investment was $1.+M. This recovery was obtained by...
Giving a Rogue Notice of a Criminal Complaint is Not Extortion On November 9, 2017, I co-chaired a panel at a Law Society of Upper Canada Continuing Legal Education Conference on Fraud Recovery Law. The panel members were Justice Todd Archibald, criminal defence...
The Supreme Court of Canada Issues Judgment on the Livent Case In a judgment dated December 20, 2017, the Supreme Court of Canada (“SCC”) rendered its decision in Deloitte & Touche v. Livent Inc. (Receiver of), 2017 SCC 63, creating a new standard for recovery for...
Fraud and Sex Do Not Amount to Damages for Emotional Distress We are often asked by fraud victims if they can recover by way of a judgment for damages for the emotional distress they experience as a result of the fraud perpetrated on them. Many fraud victims...
