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Ahmed Shafey practices commercial litigation, providing advice in the context of fraud/misrepresentation claims, 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.

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 idea that a defendant might then take steps to dissipate assets, it is not the only stage of the process at which such an order is available. If a Mareva was either not granted, or not sought, at the front end of the process, but then a money judgment is obtained, some defendants might then take steps to remove, conceal or consume assets, while an appeal is pending, thereby exploiting the automatic stay of execution imposed.
Continue Reading Mareva injunctions: They’re not just for pre-judgment anymore

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 practice of the police informally requesting, and ISPs providing, such subscriber data without a warrant.
Continue Reading Supreme Court rules on online anonymity – Potential impact on fraud investigations?

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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 that personal information remains secure and confidential.  For example, the RCMP warns against various forms of online shopping fraud, such as where fraudsters sell products at deeply discounted prices so they can steal the personal information and payment card details of unsuspecting buyers. 
Continue Reading Cyber crime is a growing threat