Facts before the Court of Appeal Background: The plaintiffs and the defendant were involved in a car accident. At the pre-trial conference in their action for damages, plaintiffs’ counsel made submissions indicating he had “independent” witnesses to the collision that had resulted in injury to his clients. He described the witnesses as “good people … independent […]
Category Archives: Fraud Litigation
Recovery for Employee Fraud
What remedies does an employer have when it discovers that it has suffered damages as the result of the fraud of one of its employees? It can certainly terminate the employee without cause. However, can it also sue the employee to recover any loss suffered or sue any third parties who benefited or participated in […]
Fictitious, Non-Existing, And Imaginary Friends: Bank Liability For Cheque Fraud
The Supreme Court of Canada recently released its decision in Teva Canada Ltd. V TD Canada Trust, 2017 SCC 51 [Teva]. In it, the divided court found TD Canada Trust and Bank of Nova Scotia liable to Teva Canada Limited for $5.4 million dollars because of a cheque fraud carried out by a rogue Teva employee. […]
Civil Fraud Judgment
We succeed in obtaining judgment in civil fraud action on behalf of our clients following motion for summary judgment. A link to the decision can be found here.