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Supreme Court of Canada Urges Access to Justice For Fraud Victims

In the past we have written on the Toronto Commercial Court’s promotion of ‘Hybrid Trials” as a legal mechanism which victims of fraud can access to seek a just, efficient and expeditious resolution to their claim – see “An Argument for Hybrid Trials for Victims of Fraud – September 11, 2013.” (117349). We can now report that our concern about access to justice for fraud victims has recently been addressed …Read More

When Investing, Exercise Due Diligence To Avoid Ponzi Schemes

The Ponzi scheme was named after Charles Ponzi (1889-1949), a small time swindler who hit the big time when he invented a lucrative con in the 1920s that netted him more than $15M. Ponzi’s con (confidence scheme) was simple. He operated an extremely attractive investment scheme in which he guaranteed investors a 50 per cent return on their investment in postal coupons. Although he was able to pay his initial …Read More

Fraud and the Confidential Informant / Whistleblower

In many cases of fraud, for a variety of reasons such as embarrassment and fear, some fraud victims do not wish to report what has happened to them to either the police or to their own counsel for the purposes of bringing a civil recovery action. In other cases, persons with knowledge of fraudulent activity will only consider reporting such information as a confidential whistle blower. In cases where fraud …Read More

Regulation of Private Investigators Results from Privacy Violations

While in Canada the public, media, and private investigative associations have raised legitimate concerns about unlicenced investigators offering investigative services to the public, concerns about unregulated private investigations are greater in other jurisdictions.  For example, the regulation of private investigators in the U.K. is likely to come into force in the fall of 2014 as a result of private investigators being convicted of unlawfully obtaining personal information for media (Guardian, …Read More

Recovery from a Fraudster’s Spouse

In many cases of fraud, the misappropriated funds are used to fund a fraudster’s lifestyle or transferred into the possession of a third party. This article discusses recovery from a spouse or family member of a fraudster – an issue often raised by fraud victims in their quest for recovery.   A leading case on this issue is Cambrian Excavators Ltd. v. Taferner, 2006 CarswellMan 101.  This case involved a …Read More

A Fraud Victim’s Response to a Fraudster’s Allegations of Extortion

It is common practice for fraudsters who are defendants to civil fraud claims to allege that a fraud victim’s criminal complaint to police is being made for the purpose of obtaining an unlawful advantage in the civil proceedings. Sometimes fraudsters allege the criminal offence of extortion as against their fraud victims for the purpose of attempting to deter them from making a criminal complaint to police or a regulatory body. …Read More

What You Should Consider if You Discover You Are a Victim of Fraud Our Views on “Triaging” Your Fraud Case

To discover a fraud is to discover a breach of trust. Whether the fraud relates to investment matters, employment scenarios, conduct between business associates, or other forms of relationships, the emotional effects resulting from fraud may be significant. It is common for fraud victims to immediately react and contact the fraudster and demand the return of their funds and/or to contact the police. We suggest that fraud victims restrain themselves …Read More

‘Throwing Good Money After Bad’ – Considerations in Selecting Your Fraud Lawyer

Much has been written recently in legal publications of the spiralling cost of civil litigation – for example, reference “Skin in the Game” published in the 2013 issue of Canadian Lawyer InHouse by Jennifer Brown. This article discusses various litigation funding issues including the reasons why the traditional fee based litigation at national law firms is so expensive, the role of the boutique litigation firm in providing access to justice, …Read More

Should Fraud Victims Immediately Contact Police Upon Discovery of a Fraud?

A common reaction of those who discover they have become the victim of fraud is to confront the fraudster and/or to contact the police. At Investigation Counsel PC we recommend that fraud victims first review their cases with  trusted advisors and then with fraud recovery counsel before confronting a fraudster or contacting the police. With respect to contacting the police, we suggest considering the following issues.   First, most fraud …Read More