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Coordinating Criminal and Civil Justice as a Means of Recovery for Fraud Victims – Part II
Back in March 2014, we published a blog post titled Coordinating Criminal and Civil Justice as a Means of Recovery for Fraud Victims. In May 2015, our post was republished by the Association of Certified Forensic Investigators of Canada (“ACFI”). The blog post was...
Practical Information For Fraud Victims
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Legal Information For Fraud Victims
A Fraud Victim’s Response to a Fraudster’s Motion to Access Their Money
In our blog entitled A Fraud Victim’s Motion to Freeze Their Money we summarized the law that a fraud victim may rely on in a motion for a court order to freeze the bank accounts and other property of a fraudster who wrongfully obtained their money or other assets. ...
A Fraud Victim’s Motions to Freeze Their Money
Fraud victims often ask us if they can obtain an order to freeze the funds or property in the possession of a suspected fraudster pending the resolution of their action due to their concern that the fraudster possesses their money and to ensure the fraudster has not...
An Argument for Hybrid Trials for Victims of Fraud
We previously published a blog on Access to Justice and Dealing with Fraudster Obstruction wherein we referred to the decision of Justice Brown in a case reported as York University v. Michael Markicevic, 2013 CarswellOnt 8851, 2013 ONSC 4311. Access to justice is a...
Fraud Victims Often Need to Look to the Fraudster’s Professionals for Recovery
Fraud victims often discover that the fraudster from whom they are seeking to recover is impecunious, bankrupt, or has transferred assets out of the jurisdiction resulting in a cost prohibitive and uneconomic recovery effort. In cases where the fraudster’s ill-gotten...
Negligent Investigation – It is Difficult to Prove Gross Negligence
The essence of negligence is that people should exercise reasonable care when they act by taking into account (foreseeing) the potential harm that they might cause to other people by their actions. It involves harm caused by carelessness, as opposed harm that is...
Fraud Victim or Reckless Investor? – Our Response to Blaming the Victim
On August 24, 2013, the Globe and Mail published an article entitled: Crime Without Punishment: Canada’s Investment Fraud Problem ( by Jeff Gray & Janet McFarland). In the article, forensic accountant Greg Draper of MNP LLP, a former RCMP investigator, is quoted...