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What Fraud Victims Should Know About Notice and Demand Letters

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 lawyer Brian Greenspan, and my co-chair bankruptcy lawyer Frank Bennett. The question posed to the panel that resulted in the most discussion between the panel members and …Read More

What Fraud Victims Should Know About Recovery from Auditors

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 victim shareholders against auditors where the management of a company had engaged in fraud. Back in 2000, the shareholders of Livent sued Deloitte, alleging that the …Read More

What Fraud Victims Should Know About Claims for Emotional Distress

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 experience significant emotional distress that results in depression, loss of confidence, the breakdown of marital or other relationships, etc. This blog provides some …Read More

What Fraud Victims Should Know About Recovery through Bankruptcy Proceedings

It is commonly recognized that there are options open to a bankruptcy trustee that are not available in the fraud recovery civil litigation process, such as the compelling of documents and examinations without court orders. There can be considerable cost savings in the recovery process to a fraud victim by utilizing the bankruptcy courts. The downside to recovery through bankruptcy, however, is that the victim becomes one creditor of potentially …Read More

Notice to the Canadian Fraud Recovery Community: Law Society of Upper Canada Conference on Fraud Recovery Law Being Held on November 9, 2017

On November 9, 2017, the Law Society of Upper Canada is holding a full day seminar on fraud recovery law. This seminar forms part of our firm’s ongoing victim advocacy efforts. This seminar is not restricted to lawyers. Anyone from our fraud recovery networks, including police and private sector professionals, may attend either in person at the Law Society conference centre, or by webcast.  For further information, see https://store.lsuc.on.ca/bankruptcy-and-fraud-recovery-law.   …Read More

What Fraud Victims Should Know About Recovery against Those Who Resell Property Obtained by Fraud. Liability for Knowing Receipt by Proving Willful Blindness

On September 14, 2017, the Ontario Superior Court released its decision in Wescom v. Minetto, 2015 ONSC 5568.[1] This is an important decision for victims of fraud as it discusses the legal test a court will consider when deciding whether to permit a fraud victim to recover from those who receive the proceeds of the fraud perpetrated against them.   The Underlying Fraud Action The plaintiff Wescom Solutions Inc. (“Wescom”) …Read More

What Fraud Victims Should Know About Using Evidence Obtained by Hacking

The massive law firm server hack that resulted in the leak of documents that came to be known as the Panama Papers brought significant media attention to the kind of information that can be obtained from secured databases that may assist the victims of fraud in obtaining a recovery. To this end, the International Consortium of Investigative Journalists (“ICIJ”) has created a website entitled Panama Papers – Politicians, Criminals and …Read More

What Fraud Victims Should Know About Fraud at Equity Part II – Why Defining Fraud is Important

  In March 2015, we published a blog post entitled Why Defining Fraud is Important to Fraud Victims. We now provide an update to that earlier publication following the May 2017 release of the decision in Lee v. Transamerica Life Canada, 2017 BCSC 843 .   Why Pleading Civil Fraud Is Important As we reported in our prior blog post, pleading fraud in civil cases — as opposed to negligence …Read More

What Fraud Victims Should Know About Recovery Through The Civil Remedies Act

At Investigation Counsel PC, 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. Recently we received an inquiry from lawyers in California as to whether their client could make a recovery through Ontario’s Civil Remedies Act, S.O. 2001, C.28 (“CRA”) . California counsel had read online the press release of the Government of Ontario …Read More

What Fraud Victims Should Know About Fraud by Omission

Promissory Note and Other Unsecured Loan Cases We often receive inquiries from people who have loaned money without formal security, only to find that the person they loaned the money to have used their money for purposes other than they discussed, have refused to pay it back, and have assigned themselves into bankruptcy. The recent criminal fraud case of R. v. Fontana, 2016 ONSC 7076, tells the story of the …Read More