Investigation Counsel’s Blog
In our effort to educate and assist victims of fraud we have complied our blog posts in to two sections Practical Information for Fraud Victims About Fraud Recovery and Legal Information for Fraud Victims.
Legal Information For Fraud Victims:
Coordinating Criminal and Civil Justice as a Means of Recovery for Fraud Victims – Part II
Back in March 2014, we published a blog post titled Coordinating Criminal and Civil Justice as a Means of Recovery for Fraud Victims. In May 2015, our post was republished by the Association of Certified Forensic Investigators of Canada (“ACFI”). The blog post was...
Why The Criminal Process is Secondary in Fraud Recovery – Part III Lenient Sentencing where No Restitution or Cooperation
In our prior blog post, 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...
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...
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...
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...
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...
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...
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...
Practical Information For Fraud Victims:
What Fraud Victims Should Know About the Civil Remedies Act
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...
Why The Criminal Process is Secondary in Fraud Recovery – Part II Criminal Funding Rights Override Victim Mareva Recovery Rights
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. Tashanna Mullings, 2019 ONSC 2408, published by the Ontario Courts. The...
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...
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...
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...
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...
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,...
What Fraud Victims Should Know About Canadian Fraud News Inc. (CFN)
We have published many blog posts on various fraud recovery issues such as pre-action asset freezing, coordinating civil fraud recovery with criminal prosecutions, and obtaining and enforcing fraud judgments - to name a few. For an index of fraud recovery articles we...