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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

What Fraud Victims Should Know About Bankruptcy Discharge Hearings

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 trust, where a declaration is pleaded that the judgment survives bankruptcy, and where a Court makes a finding of fraud and/or breach of trust. …Read More

What Fraud Victims Should Know about Breach of Trust in Land Transaction Scenarios

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 way of a settlement on the evening before a four week trial was scheduled to commence. While our case involved a settlement, the facts were somewhat similar …Read More

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

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