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What Fraud Victims Should Know About a Fraudster’s Obligation to Account

Victims of fraud often ask us whether a fraudster can be ordered by a Canadian Court to account for what the fraudster did with their money so that they may attempt to recover it from those who received it. Other times, victims of fraud just want an explanation.   Last week an Ontario Court released its decision in 2363523 Ontario Inc. v. Nowack, 2016 ONSC 2518. This case involved a …Read More

What Fraud Victims Should Know About Class and Group Actions

Victims of fraud often ask us whether they should proceed by way of their own private action, a group action or a class action. The issue often comes down to a question of economics (both for the fraud victims and the law firm being asked to represent them) and litigation strategy. This blog post provides some basic information on the alternatives open to fraud victims who incurred a loss where …Read More

What Fraud Victims Should Know About Recovery Through Securities Regulators – Problems with Relying on OSC Disgorgement Orders

On October 26, 2015, the Canadian Foundation for Advancement of Investor Rights (FAIR Canada) held an “Investment Recovery Conference” with the Osgoode Hall Law School entitled “Public & Private Securities Enforcement: Improving Recovery for Harmed Investors.” The Conference held panel discussions on such topics as the ”Relationship Between Public Regulatory Enforcement and Private Securities Class Actions” and “Investor Recovery Facilitated by Securities Regulators.”   We have blogged extensively on fraud …Read More

What Fraud Victims Should Know About Criminal Sentencing- An Update On Problems With Relying On Criminal Restitution Orders

On July 28, 2015, investment fraudsters Garry Sorenson and Milowe Brost were sentenced in their criminal trial to 12 years in jail. The Reasons for Judgment were just released by the Court, which is what prompted this blog post. The Court declared the fraud perpetrated by Sorenson and Brost to be the “biggest fraud in Canadian history” involving potentially $200M and potentially 850 victims. Despite the magnitude of this fraud, …Read More

What Fraud Victims Should Know about Cost Liability in Fraud Actions & What Fraud Victims Should Know About Lawyer Fees

In July 2015, the Ontario Courts released a decision in the case of Goldsmith v. National Bank of Canada, 2015 ONSC 4581, which included some surprising commentary as to what the Court considers reasonable legal fees to be for lawyers to charge their clients in the Toronto marketplace. Also in July 2015, we were asked to assist a group of fraud victims in responding to a claim for costs by …Read More

What Fraud Victims Should Know about the Tort of “Dishonest Receipt” – THE MIS– USE OF CRIMINAL RESTITUTION ORDERS

The Ontario Court of Appeal last week (July 9, 2015) released a decision in Healthy Body Service Inc. ats 1261679 Ontario Ltd., 2015 ONCA 516, on the law involving what is often referred to as ‘knowing receipt’ or ‘dishonest receipt’. The tort of knowing receipt is of interest to fraud victims as recovery against the primary fraudster is often impossible or frustrated by obstruction tactics.   The case of Healthy …Read More

Restorative Justice and Privatized Policing for Fraud Victims

To some people, the concept of privatized policing is offensive as they believe that the service of “policing” should be restricted to those who can be held accountable for their actions in the public realm – whether through a federal, provincial or municipal police service. Such resistance, however, is increasingly becoming outdated due to the lack of public resources to fund public policing and the corresponding increase in demand by …Read More

A Survey on the Characteristics of Fraud Victims & Tips for Fraud Prevention

At Investigation Counsel, in addition to assisting fraud victims in their civil litigation recovery efforts and in preparing criminal complaints, we are involved in fraud prevention, investment due diligence and public awareness of fraud through various public and private advocacy groups including the Association of Certified Forensic Investigators, the Association of Certified Fraud Examiners, the Toronto Police Service Social Media Group on Fraud Awareness, and the Canadian and Ontario Bar …Read More

What Fraud Victims Should Know About Civil Contempt Proceedings

At Investigation Counsel PC, we receive inquiries about the procedure involved and the standard of proof required for a Court declare a fraudster in contempt. The issue of contempt has received judicial attention in some recent notable decisions, which has prompted this post.   In March and April of this year, the Ontario Superior Court of Justice released a series of judgments in Greenberg v. Nowack, (2015) ONSC 2256 dealing …Read More