Business Email Compromise (BEC) also known as email account compromise (EAC) attacks exploit our collective reliance on email to conduct business and personal affairs. While there are many variations on this cyberattack, the most difficult to detect are situations where
Continue Reading Electronic Fraud: Responding to a Business Email Compromise (BEC)
In a recent Commercial List Decision, Justice Koehnen granted an injunction to prevent a party from enforcing a settlement agreement on the basis that the settlement had been induced by fraud.
Continue Reading Potential Pitfalls in Litigation Settlement – Agg v. Watson, 2021 ONSC 3068
The Court of Québec recently considered whether the complexity of a white collar case justifies a departure from the presumptive 18-month limit for the prosecution of criminal offences after charges are laid. The Court’s decision affirms that white collar matters
Continue Reading Complex White Collar Prosecutions and Dismissal for Delay
On October 28, 2020, the Ontario Court of Appeal overturned a respected Commercial Court judge’s decision on a motion affecting a range of important legal issues, including the fraud exception to the autonomy principle regarding letters of credit. In 7636156
Continue Reading Fraud exception to letter of credit autonomy principle requires “impropriety, dishonesty or deceit”. Court of Appeal overturns ruling that had denied commercial landlord of bankrupt tenant full amount of credit.
In an unreported judgment Pallotta v. Cengarle, Court file CV-16-56337 released on February 27, 2020, Faieta J. found real estate lawyer Licio Cengarle vicariously liable for his clerk’s mortgage fraud scheme as well as for breach of trust. This case is a
Continue Reading Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee
David Holden was recently convicted of defrauding Canadian investors in Seaquest Corporation and Seaquest Capital Corporation of more than $54-million in a complex ponzi-scheme. In related civil proceedings our team acted to obtain significant recoveries for some of Holden’s victims.
Continue Reading Ponzi Mastermind Sentenced to 12 Years – $54 Million Payment Ordered
In the recent decision Anisman v. Drabinsky, 2020 ONSC 1197 Justice Morgan voided a transfer of a $2.625 million Toronto home for the nominal sum of $2 by Garth Drabinsky to his wife as a fraudulent conveyance as against Drabinsky’s former
Continue Reading Understanding a Creditor’s Duty to Investigate: Recent Guidance from the Ontario Superior Court in Anisman v. Drabinsky, 2020 ONSC 1197
In Amphenol Canada Corp v. Sundaram, 2020 ONSC 328 (“Amphenol Canada”), the Ontario Divisional Court confirmed that a prima facie showing of fraud and dissipation in the context of a Mareva injunction may have additional consequences for defendants, including
Continue Reading Impact of Mareva injunctions on alleged fraudsters
In a widely publicized move, on December 18, 2019, SNC-Lavalin Construction Inc. pleaded guilty to fraud over five thousand dollars. The guilty plea was the result of protracted settlement discussions between SNC-Lavalin and the Crown.
As part of SNC-Lavalin’s plea deal,
Continue Reading SNC-Lavalin Probation Order Issued in Connection with Guilty Plea
In Godfrey v Pioneer, 2019 SCC 42 (“Godfrey“), the Supreme Court of Canada has lowered the bar for certifying price-fixing class actions brought under the federal Competition Act, while also allowing new categories of claimants to participate as class members.
Continue Reading Supreme Court of Canada Lowers Bar to Certifying Price-Fixing Class Actions
