Expertise
Toronto Fraud Lawyers Focused on Fraud Recovery
At Investigation Counsel PC, we are Toronto fraud lawyers dedicated exclusively to fraud recovery and debt recovery litigation. Our practice supports corporate, institutional, and individual victims of fraud in investment matters, employment situations, and personal or business disputes. Fraud recovery is at the core of everything we do—we represent only victims, never perpetrators, ensuring focused, uncompromising advocacy on your behalf.
Our unique team combines legal expertise with backgrounds in law enforcement, providing specialized investigative skills essential to tracing assets and uncovering fraud. We act swiftly and discreetly, strategically advising clients on how best to approach recovery without alerting fraudsters or jeopardizing their cases. From securing court orders to freeze stolen assets, to meticulously navigating complex financial evidence, each fraud lawyer on our team works tirelessly to maximize your recovery.
We understand the stress and disruption caused by fraud. Our approach blends compassionate support with proactive legal action, guiding clients step-by-step through the recovery process. Our goal is clear—to help you reclaim your assets efficiently and effectively, giving you the clarity and peace of mind needed to move forward.
Fraud Recovery Assesments
While Fraud and Debt Recovery Litigation is the focus of our firm, Fraud Recovery Assessments are a service we provide to fraud victims on a fixed rate or complementary basis. Whether our assessment is fee based or complementary depends on the complexity of the matter and whether we are retained for the recovery litigation.
Corporate Fraud Litigation
We define corporate fraud as a loss to a corporation arising from the deceitful conduct, or the conduct by omission, of the officers and directors of the corporation, or arising from the conduct of third party individuals and entities. It is separate and apart from what we define as ‘employee fraud’ because of the nature of the fraud, and due to the way the law treats such incidents.
Employee Fraud Litigation
In our view, the primary distinction between a corporate fraud and an employee fraud is that the law views the senior management of a corporation as being in a fiduciary relationship with the company, whereas lower level management and mere employees are generally not held to be fiduciaries. A finding of whether a corporate officer or senior management employee holds a fiduciary position in a company is important, in part, to determine the availability of recovery tools such as equitable asset tracing, freezing, and preservation orders. If a court finds an employment relationship is merely an employment contract, injunctive and equitable remedies may not be immediately available.
Immigration Fraud Litigation
In cases of frauds perpetrated against immigrants, the immigrant is promised that by utilizing one of the services offered by the rogue that they can not only expedite the immigration process, but also guarantee their citizenship, usually at an extremely inflated cost. In some cases document fraud (misrepresentation) is encouraged by the fraudster in the form of the applicant entering in to a false marriage in order to obtain citizenship.
Insurance Fraud Litigation
We are frequently retained to combat insurance fraud on behalf of insurers in three separate contexts. First, on behalf of insurers, we conduct the examination under oath of their own insureds, shortly after a claim is made. Second, we defend insurers in cases where an insurer or third party has instigated civil proceedings, and where the insurer alleges that the claim is either wholly or partly fraudulent. Third, we subrogate against service providers on behalf of insureds and insurers, where an insurer has paid out on a loss based on a fraud.
Investment Fraud Litigation
At Investigation Counsel, we handle numerous investment fraud claims, including, most recently, claims arising from the trading of medium term notes through international private placement programs. While medium term note trading is legitimate, a growing number of these investment platforms have been abused by dishonest individuals who represent themselves as being bona fide investment advisors.
Power of Attorney Fraud
While a Power of Attorney (POA) under the Substitute Decisions Act, 1992 is an important part of planning, it is very easy for unscrupulous and dishonest attorneys to abuse the authority and use it as a license to steal. It is the most common form of elder abuse in Canada.
Relationship Fraud Litigation
At Investigation Counsel, we have coined a term for frauds perpetrated in the relationship context as ‘Relationship Frauds’. We are not the first to have dealt with this phenomenon. There is an American organization, LoveFraud, which has been operating for some time by providing assistance to victims of relationship frauds.
Retailer Civil Recovery Litigation
Civil recovery is essentially the recouping of losses resulting from thefts or frauds committed against retailers. Typically, those arrested for shoplifting or internal thefts are given notice at the time of their arrest that civil recovery will be sought weeks subsequent to their release from custody. Civil recovery is a distinct and separate process from criminal proceedings and trespass notices, and the demand for civil recovery has no bearing on whether criminal proceedings are commenced, how criminal matters are disposed of, or whether a trespass ban is lifted.
Spiritualsit And Psychic Fraud Litigation
At Investigation Counsel, we have received inquiries about frauds perpetrated by spiritualists and psychics. Spiritualism has been defined as a belief that spirits of the dead or other universes have the ability to communicate with the living of our universe. Fraud has the opportunity to occur where clients of spiritualists and psychics have vulnerabilities, and when the spiritualists’ fiduciary-type duties succumb to their own greed. When a spiritualist or psychic claims to communicate on behalf of a spirit, and when the communication is designed to obtain the transfer of money and property, we are of the view that Court may find that such representations are fraudulent.
Ancillary Services
Consulations For Police and Private Investigators
We provide complementary consultations to those in our policing, corporate, insurance, financial, forensic accounting and private investigation networks on all legal matters, making referrals where it is appropriate, and respecting referrals when they are received.
Criminal Prosecutions
At Investigation Counsel, we are often asked either to bring a criminal prosecution, or to assist clients in making a fraud complaint to the police. Where an individual or company wishes to have a criminal charge of fraud laid without reporting the matter to the police, the process is known as a private prosecution. Where an individual or company wishes to make a criminal complaint to the police, they are often surprised to learn that the police are frequently slow to investigate and expect that complainants conduct their own investigations before reporting the matter to police.
Due Diligence
While Fraud and Debt Recovery Litigation is the focus of our firm, Due Diligence Investigations are a service we provide to businesses, institutions and individuals to protect our clients from falling victim to fraud. In almost all cases of investment or relationship fraud we investigate, it is apparent to us that had a due diligence investigation been undertaken prior the victim proceeding with the transaction, the fraud could have been prevented.
Investigation & Privacy (Private Investigators)
At Investigation Counsel Professional Corporation (“Investigation Counsel”), we defend private investigators and security agencies against civil actions, typically involving allegations of false arrest, negligent investigation or supervision, malicious prosecution, invasion of privacy, breach of Charter rights, defamation and assault. In addition, we represent private investigators at inquests and at agency licence reviews. Norman Groot, the founder of Investigation Counsel, is the author of the leading text on the law pertaining to private investigations (Canadian Law and Private Investigations, Irwin Law Inc.), and has defended claims on behalf of Ontario insurers who underwrite the private investigator and security industry for a number of years.
Indepedent Supervising Solictor Services (Anton Piller Orders)
At Investigation Counsel, we as the ISS for law firms seeking to preserve evidence by way of an Anton Piller Order. Our policing experience and extensive networks ensure that Anton Piller Orders are executed peacefully and properly. When Anton Piller Orders need to be executed at multiple locations simultaneously, we rely on our network of lawyers who have previously served as police officers and who have experience in executing Criminal Code search warrants.
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 retainers are negotiated. At Investigation Counsel, the hourly rates we charge are based on the lawyer’s experience and year of call, with consideration to the hourly rates charged in the legal marketplace.