Legal remedies in a civil case where one party has profited from wrongdoing to another party, such as civil fraud or breach of fiduciary duty, will generally result in damages being awarded to the wronged party. Often, the plaintiff in such a case has suffered a financial loss due to the defendant’s actions, and a […]
Category Archives: Fraud Litigation
How to Protect Yourself from Investment Fraud
The ability to trust the person or institution that oversees your money is essential. Whether you’re investing a relatively modest amount or millions of dollars, the negligence or bad faith actions of those entrusted with the money can be devastating for the investor and their family. There has been no shortage of headlines over the […]
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% […]
Will Ontario’s Proof of Vaccine System be Vulnerable to Fraud?
Since the start of the pandemic in early 2020, a number of changing health protocols have been put into place to limit the spread of the virus and keep people safe, including mask mandates, lockdowns, and travel restrictions. Now that much of the Canadian population is vaccinated, the provincial and federal governments are exploring ways […]
Intrusion Upon Seclusion & Third-Party Data Breaches
Data breaches have been making headlines in Canada for a few years, and millions of people have had their data exposed to potential bad actors through breaches of various company databases, from medical labs to telecom companies. Lifelabs, a national lab that performs medical tests on patients across Canada, had its database breached in 2019. […]
Cannabis Company Facing Class Action & Fraud Charges
One of the benefits of incorporating a business is the corporation becomes an entity unto itself, meaning the officers and directors are generally shielded from personal liability should something go wrong. However, this isn’t always the case, depending on the specific issue. As demonstrated by the ongoing trials and tribulations faced by an Ontario-based cannabis […]
March is Fraud Prevention Month
March is Fraud Prevention Month in Canada, with the federal Competition Bureau creating a number of targeted initiatives to ensure Canadians are aware of best practices to prevent a number of types of frauds and scams. As highlighted in a press release from the Bureau, our increasing dependency on digital communication has only increased our […]
An Employer’s Vicarious Liability for Employee Fraud
Employee fraud most commonly occurs when an employee commits fraud against their own employer. For example, an employee might use a corporate credit card for personal expenses or submit unearned overtime hours for payment. However, there are some cases where an employee might use their position with their employer to commit fraud against a third […]
The Anti-Deprivation Rule Pt. 2: SCC Confirms Test
Last week we visited the primary legal authorities in Ontario on fraud in the event of a bankruptcy, and the anti-deprivation rule. Recently the Supreme Court of Canada (SCC), in Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2020, confirmed the reasoning of those cases. Did an Insolvency Penalty Clause Contradict the Anti-Deprivation Rule? A general […]
The Anti-Deprivation Rule, Part 1: Fraud in Bankruptcy
Protecting or preserving assets during a time of insolvency is a natural temptation of debtors. Some even take a proactive approach and design contractual terms that aim to do much the same should insolvency ever arise in the future. However, when such terms are exercised, they run into possibly infringing the “anti-deprivation” rule. What is […]