Locking v. McCowan, 2016 ONCA 88 Read More
Locking v. McCowan, 2015 ONSC 4435 Read More
Table of Contents
I. Our Recovery Services
- i. Private Search Warrants & Independent Supervising Solicitor
- ii. Investment and Securities Fraud Recovery Litigation
- iii. Employee Fraud Recovery Litigation
- iv.Corporate Fraud Recovery Litigation
- v. Consumer and Credit Fraud Litigation
- vi. Romance Fraud Recovery Litigation
- vii. Immigration Fraud Litigation
- viii. Spiritualist and Psychic Fraud Recovery Litigation
- ix. Insurance Subrogation for Recovery from Fraud
- x. Insurance Fraud Prevention and Examinations Under Oath
- xi. Retail Civil Recovery Demands
- xii. Criminal Complaint Preparation / Private (Criminal) Prosecutions
- xiii. Press Releases: Canadian Fraud News
- xiv. Class Actions
II. Practical Information on the Fraud Recovery Process
- i. Discovery of Fraud – Triaging Your Fraud Case
- ii. Private Investigations
- iii. Negligent Investigations
- iv. Right to Know versus Right to Privacy
- v. Whistle Blowing – Creating a Confidential Informant Contract
- vi. Whistle Blowing – Breach of the Confidential Informant Undertaking
- vii. Whistle Blowing – The 2016 OSC Payment for Info Program
- viii. Economics – Throwing Good Money After Bad
- ix. Retainer Agreements
- x. Crowd Funding and Other Ideas to Fund Recovery
- xi. Contingency and Deferred Fee Retainers
- xii. Blaming the Victim – Reckless Investor or Fraud Victim
- xiii. Access to Justice – Dealing with Obstruction Tactics
- xiv. Private, Group and Class Actions
- xv. Cost Liability of Fraud Victims for Not Proving Fraud
- xvi. Recovery Against Professionals
- xvii. Recovery Against Banks
- xviii. Recovery Against Lawyers
- xix. Recovery Against Employees – The Madoff Story
- xx. Recovery Against Spouses
- xxi. Debtor’s Jail
III. Coordinating Civil Fraud Recovery Litigation with Criminal Fraud Prosecutions
- i. Restorative Justice and Privatized Policing
- ii. Canadian Victim’s Bill of Rights and Restitution Orders
- iii. Considerations Before Contacting Police
- iv. Coordinating Criminal and Civil Justice for Recovery
- v. Filing Criminal Complaints and Concerns about Defamation
- vi. Recovery Through Criminal Restitution Orders
- vii. Criminal Sentencing and Problems with Restitution Orders
- viii. Recovery Through Criminal Forfeiture Orders
- ix. Recovery Through Securities Regulators
- x. Avoiding Allegations of Extortion
- xi. What Fraud Victims Should Know About a Fraudster’s Charter Rights
IV. Legal Information on the Fraud Recovery Process
- i. Limitation Periods
- ii. Why Defining Fraud is Important
- iii. Pleading Fraud and Allegations Against Secondary Defendants
- iv. Alleging Dishonest Assistance against Secondary Defendants
- v. Problems with Alleging Negligence
- vi. Motion to Freeze Assets of a Fraudster
- vii. Motion For Fraudster to Disclose Assets
- viii. The Robin Hood Defence
- ix. Motion by Fraudster to Stay Civil Proceedings
- x. Motion by Fraudster for Legal and Living Expenses
- xi. Discovery Compliance of Fraudsters
- xii. Discovery and the Deemed Undertaking Rule
- xiii. Tracing the Money and Identifying Secondary Defendants
- xiv. Judgment by Summary Motion – Access to Justice
- xv. Judgment by Hybrid Trial
- xvi. Judgment for Legal Costs
- xvii. Judgment for Investigation Costs
- xviii. Judgment for Punitive Damages
- xix. Judgment for Accounting
- xx. Enforcing Judgments Made in Canada
- xxi. Enforcing Foreign Judgments in Canada
- xxii. Contempt Proceedings Against Fraudsters
- xxiii. Contempt and a Fraudster’s Obligation to Account
- xxiv. Distributing Partial Recovery Amongst Fraud Victims
V. Due Diligence
- i. Characteristics of Fraud Victims and Tips for Fraud Prevention
- ii. Due Diligence to Avoid Ponzi Schemes