What Fraud Victims Should Know about… Striking a Rogue’s Defence in the Context of Mareva Injunctions
Many victims of fraud want their day in Court but often, due to the misconduct of the rogues they are suing, it is difficult to obtain. Instead, due to the inefficiencies of the Canadian justice system, victims can get bogged down in procedural motions by lawyers for...
What Fraud Victims Should Know about Debts Not Discharged by Bankruptcy – False Pretences, Misappropriation of Trade Secrets and Breach of Confidence
The case of Shaver-Kudell Manufacturing Inc. v. Knight Manufacturing Inc., 2021 ONCA 925, released December 29, 2021, addressed the issue of whether a judgment for misappropriated trade secrets and confidential information may be wiped away by a debtor with a...
2021 Update: Why the Criminal Process is Secondary in Fraud Recovery –Part II: Criminal Funding Rights Override Victim Mareva Recovery Rights
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,...
A 2020 Judicial Decision on Relationship Fraud
On November 16, 2020, Justice Eileen Adair of the Superior Court of British Columbia published a 75-page, 548-paragraph judgment in the relationship fraud case Huang v. Li, 2020 BCSC 1727. The trial started in May 2019. It carried on for 47 days intermittently until...
Mareva (Asset Freezing) Injunctions in Toronto in the COVID-19 Era
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...
What Fraud Victims Should Know About Recovery from Defrocked Investment Advisors
At our firm, we have handled cases and have ongoing cases wherein the allegations of fraud, breach of fiduciary duty and / or negligence were made or have been made against investment advisors who were registered with a professional body such as the OSC, MFDA or IRROC...
What Fraud Victims Should Know about Fraudulent Conveyance Claims
A victim of fraud should be aware of conveyances of property made by those they intend to sue or have sued as often the primary target of their fraud recovery litigation will not have any assets in their name by the time a judgment is rendered. This blog provides some...
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...
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...