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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 Such resistance, however, is increasingly becoming outdated due to the lack of public resources to fund public policing and the corresponding increase in demand by …Read More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

Fraud Victims, Whistleblowers, and Breach of the Confidential Informant Undertaking

At Investigation Counsel, in addition to assisting fraud victims in their recovery efforts and in preparing criminal complaints, we often represent those who wish to be whistleblowers for civil actions or confidential informants for criminal complaints. We have previously blogged on this subject   In this blog we discuss the legal issues for confidential informants for criminal complaints and why confidential informants should use counsel to negotiate an agreement with …Read More

Why Defining Fraud is Important to Fraud Victims

Our firm receives frequent requests from fraud victims for general information about the fraud recovery litigation process. One of the questions often posed is whether what occurred was legally a fraud or something that may be better characterized as negligence, a breach of contract or sharp business practices. If the victim is satisfied they have a bona fide claim of fraud, another question that is often raised is whether they …Read More

Information for Fraud Victims About the Fraud Recovery Litigation Process

Our firm receives frequent requests from fraud victims for general information about the fraud recovery litigation process. Our firm also receives requests from fraud victims who already have lawyers for our opinion on the strategy their counsel have taken. This blog is an overview of the conversation we typically have with fraud victims on our views of how a typical fraud recovery action should be handled.   Recommended Response to …Read More

What Fraud Victims Should Know About Defamation and Filing Criminal Complaints

Part of Investigation Counsel’s fraud practice includes the drafting and preparation of a formal police complaints on behalf of its clients. A question that occurs at the initial stage of our intake process is whether the person making the complaint to the police is exposed to liability for making a defamatory statement.   You might ask, what constitutes a defamatory statement? A defamatory statement is one that tends to injure …Read More

What Fraud Victims Should Know About a Fraudster’s Attempts to Stay Civil Recovery

We are often asked by fraud victims about whether a fraudster can ask a Court to stay their civil proceedings for recovery because the fraudster has been charged under the Criminal Code. The short answer is not in most cases. The issue of staying civil proceedings for fraud because of outstanding criminal charges related to the same underlying facts is one of many issues that arise in civil fraud recovery …Read More