Our firm has written repeatedly of instances of fraud affecting businesses in Canada, whether by external fraudsters or internal employees. The Insurance Bureau of Canada reports that fraudulent activity costs Candian businesses, including large corporations, small companies and non-profits, millions of dollars per year. Sadly, many fraudsters are even using the current health crisis related […]
Tag Archives: employee fraud
Constructive Trustees, Fraud, and Knowing Receipt
The Supreme Court of Canada (SCC), in Citadel General Assurance Co. v. Lloyds Bank of Canada, established the three ways in which a stranger to a trust can be held liable as a constructive trustee for a breach of that trust. They are: as a trustee de son tort; for knowing assistance in a fraudulent scheme […]
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 […]