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Retailer Civil Recovery Litigation

It is estimated that retailers across Canada lose $2.5B per year, or $7M per day, as a result of internal and external theft and fraud. Because of these losses, and to take proactive steps against future losses, retailers have invested heavily in security and surveillance equipment, training and wages for loss prevention officers, litigation, together with other related expenses.

To address these losses and expenses, civil recovery programs have been operating successfully in the United States and Canada for more than 20 years. Civil recovery is essentially the recouping of losses resulting from thefts or frauds committed against retailers. Typically, those arrested for shoplifting or internal thefts are given notice at the time of their arrest that civil recovery will be sought weeks subsequent to their release from custody. Civil recovery is a distinct and separate process from criminal proceedings and trespass notices, and the demand for civil recovery has no bearing on whether criminal proceedings are commenced, how criminal matters are disposed of, or whether a trespass ban is lifted.

As in any civil litigation case, anyone receiving a civil recovery demand letter is entitled to their day in court. However, the civil recovery demand letter provides for the option to resolve the matter by making payment as requested. The amount requested in the civil recovery demand reflects the amount stolen (if not recovered at the time of arrest), the investigator’s time, the cost associated with re-stocking, report making, loss of sales opportunities, and other factors.

At Investigation Counsel, we represnt the interests of approximately 60 retailers in their civil recovery efforts. Payments by those who receive our civil recovery demand letters should be made to “Investigation Counsel PC in Trust” and mailed to:

Investigation Counsel PC
P.O. Box 7
4 Queen Street
St. Catharines, ON  L2R 6R4

If you feel the retailer we act for does not have sufficient grounds to make the civil recovery demand as indicated in the letter you receive, of if you wish to enter into a payment plan, we welcome your inquiry by phone at 1-855-749-7461, by email at info@investigationcounsel.com, by fax at 416-637-3445, or by mail at our St. Catherines address above.