Canadian Fraud Law

Canadian Fraud Law

Commentary, News and Updates

Ahmed Shafey

Ahmed Shafey

Ahmed Shafey practices commercial litigation, providing advice in the context of civil fraud and asset recovery matters, contractual disputes, professional liability actions, shareholder disputes,  government procurement litigation, international commercial arbitrations and bankruptcy and insolvency proceedings. Ahmed has been engaged in a number of civil fraud and asset recovery matters as well as complex business crime investigations, including in tracing preferential payments, investigating complex investment frauds and moving for emergency injunctive relief to preserve and protect assets in Canada and beyond.

Read Ahmed's bio on Baker & McKenzie's website

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When should a fraudulent conveyance action be brought?

Posted in Fraud Recovery
In 2014, we reported on the Ontario Superior Court of Justice’s decision in Indcondo Building Corporation v. Sloan (“Indcondo“), which strengthened the position of plaintiffs seeking to set aside fraudulent conveyances in Ontario. In the Indcondo case, Mr. Justice Penny analyzed the substantive test for establishing fraudulent conveyance and in particular the demonstration of whether… Continue Reading

The Widening Scope of Data Breach Class Actions

Posted in Fraud Prevention
The Federal Court of Appeal’s decision in Condon v. The Queen, 2015 FCA 159 (“Condon“), released July 6, 2015, has significant implications for organizations that have experienced large scale data breaches. The Federal Court of Appeal upheld the decision by the Federal Court to certify a class action lawsuit based on the recently developed tort… Continue Reading

The evolution of fraudulent conveyance – Indcondo v. Sloan

Posted in Fraud Recovery
On July 31, 2014, the Honourable Mr. Justice Penny of the Ontario Superior Court of Justice ruled in favour of the plaintiff in Indcondo Building Corporation v. Sloan (S.C.J.). For the plaintiff, Indcondo Building Corp (“Indcondo“), the ruling represents the culmination of more than two decades of litigation, which witnessed an intervening bankruptcy and subsequent… Continue Reading

Mareva injunctions: They’re not just for pre-judgment anymore

Posted in Enforcement of Foreign Judgments and Awards, Injunctions & Emergency Relief
The Mareva injunction is a powerful tool for levelling the playing field when dealing with those who, left to their own devices, would dissipate their assets, with a view to frustrating the claims of their creditors.  While the commencement of litigation is the traditional juncture to seek such extraordinary relief, based in part on the… Continue Reading

Supreme Court rules on online anonymity – Potential impact on fraud investigations?

Posted in Cybersecurity
On June 13, 2014, the Supreme Court of Canada delivered the landmark decision of R. v. Spencer (“Spencer“).  In this decision, Mr. Justice Thomas Cromwell, writing for the Court, set out the ground rules for police to obtain subscriber information from Internet Service Providers (“ISPs”). In doing so, the Court effectively put an end to the… Continue Reading

Cyber crime is a growing threat

Posted in Cybersecurity, Fraud Prevention
  As part of Fraud Prevention Month, the RCMP is rolling out tip sheets to help Canadians protect themselves against an ever-growing number of scams and frauds including a list of “Top 10 Cyber Crime Prevention Tips”.  Many of these tip sheets highlight the role of technology in fraudulent schemes and the importance of ensuring… Continue Reading