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Why The Criminal Process is Secondary in Fraud Recovery – Part III Lenient Sentencing where No Restitution or Cooperation
In our prior blog post, Why the Criminal Process is Secondary in Fraud Recovery – Part I – Criminal Search Rights Override Victim Recovery Rights, we summarized the recently released case of R. v. TM, 2019 ONSC 2408, published by the Ontario Courts. The bottom line of...
Practical Information For Fraud Victims
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Legal Information For Fraud Victims
Balancing the Duty of Good Faith and Insurance Fraud – The Examination Under Oath
Periodically we receive requests from insurers and their insureds for information on our approach to handling examinations under oath. Examinations under oath are often associated with insurance fraud concerns. This article provides a general overview of this...
Facing Off Against the Privacy Commissioner for Fraud Victims
The Privacy Commissioner recently released (May 2013) a publication entitled The Case for Reforming the Personal Information Protection and Electronics Documents Act (PIPEDA). This document proposes expanding the powers of the Privacy Commissioner in a way that should...
Access to Justice and Dealing with Fraudster Obstruction Tactics
The unfortunate reality for many fraud victims is that those who betrayed their trust will resort to lawyers who are more concerned with lining their pockets with a victim’s money (as paid to them by their fraudster clients) rather than provide immediate open...
Right to Tracing Documents at a Fraud Examination for Discovery
Tracing is traditionally thought of as a post judgment remedy even though really it is not a remedy at all (it does not result in dollars back in your pockets). Rather, tracing is a process by which a claimant demonstrates what has happened with his property and...
Retainer Agreements
Traditional law firm retainer agreements set out in detail the contractual arrangement between a lawyer and their client. Law firm invoices are broken down into fees and disbursements, and the hourly rate for fees is typically the central issue discussed when...
Retailer Civil Recovery
It is estimated that retailers across Canada lose $2.5B per year, or $7M per day, as a result of internal and external theft and fraud. Because of these losses, and to take proactive steps against future losses, retailers have invested heavily in security and...