The Divisional Court (ONSC) recently dealt with this issue in Amphenol Canada Corp. v. Sundaram (2020). There the plaintiff had obtained an ex parte Mareva injunction against all of the defendants in a civil fraud matter, effectively freezing their assets. The plaintiff then sought a continuation of the injunction and was successful. One of the […]
Category Archives: Civil 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 […]
Paulus v. Fleury: Resolute Advocacy or Civil Fraud?
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 […]
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 […]
If there were no bad people, there would be no good lawyers
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