It is not unusual for judgment creditors to face the prospect of a bankrupt debtor. An assignment into bankruptcy by such a debtor generally stays proceedings against them and, once the debtor is discharged from bankruptcy, releases them from all “claims provable” in bankruptcy. There are exceptions, however, and creditors would be wise to be […]
Category Archives: Civil Fraud
A Review of the Tort of Conspiracy
When creditors bring claims against corporate debtors, they sometimes face the prospect that the debtor will have insufficient assets to satisfy any resulting judgment. For this reason, creditors will sometimes cast the net of potential defendants as wide as reasonably possible. In some situations, creditors may be able to name a broader group of parties […]
Guarding Your Digital Fortress Against Data Scraping
On August 24, 2023, the Office of the Privacy Commissioner of Canada, in conjunction with 11 other global privacy authorities (“Regulators”), issued a joint statement (the “Joint Statement”) regarding privacy protection and data scraping. This blog post will provide an overview of data breaches and data scraping and explain the potential consequences of such privacy […]
Consequences of Non-Compliance with a Mareva Order
Injunctive relief, such as a Mareva order, is powerful in civil litigation cases. This type of legal remedy may be requested and granted in certain situations where it is appropriate to freeze a defendant’s assets before trial to ensure they cannot be depleted. To spend any money, the party must seek authorization from the court. […]
Criminal Fraud, Civil Enforcement
In Ontario, fraud can be categorized into two main types: civil fraud and criminal fraud—the main difference lies in the legal consequences and available remedies to victims. While civil fraud provides a mechanism for victims to sue and seek compensation from the perpetrator, the primary remedy for victims of criminal fraud is restitution orders. However, […]
Claims For Fraudulent Conveyance Considering Rule 21 Motions
The law of fraudulent conveyance in Ontario is a crucial area of law for individuals and businesses alike. It prevents debtors from hiding assets or transferring them to avoid paying money owed, which would be unfair to creditors. In a recent case, the Court of Appeal for Ontario was asked to consider whether fraudulent […]
The Civil Fraud Glossary: Commonly Used Terms
Civil fraud is a serious issue that can have severe consequences for individuals and businesses. It involves deceiving or misleading another person to obtain an unfair advantage or financial gain. To fully understand civil fraud, it is essential to be familiar with the standard terms used in this area of law. This article will comprehensively […]
Court of Appeal Clarifies Requirements to Assume Jurisdiction in Case with Multiple Defendants
When bringing a claim against a defendant for a civil matter such as fraud, it is important to understand the concept of jurisdiction, in order to ensure the claim is filed in the appropriate location. When all parties involved are in the same place and the entire matter occurred in that place, such as Ontario, […]
Injunctions & Receiverships as Tools in Civil Fraud Cases
In the course of litigation, a defendant may attempt to sell, hide, transfer or otherwise make it appear that all assets have been depleted, leaving nothing for the plaintiff. To preserve or freeze the defendant’s assets, a plaintiff may seek a Mareva injunction or request that a receiver be appointed to manage the defendant’s financial […]
Ontario Residents Targeted in Cryptocurrency Scams
Phone and email-based fraud has long been an issue in Canada, with targets commonly being duped into sending cash or even gift cards to fraudsters, usually online. However, scams are now moving into the cryptocurrency realm, with cryptocurrency ATMs publicly available throughout Ontario. According to the RCMP, cryptocurrency fraud went up by more than 400% […]