Brendan O’Grady is a member of Baker McKenzie’s Litigation & Government Enforcement Practice Group in Toronto. He advises on commercial litigation matters with an emphasis on fraud law and asset recovery. Brendan has represented government agencies, financial institutions and individual victims of investment and mortgage fraud schemes in asset recovery actions and insolvencies. Brendan has also acted in securities class proceedings involving misrepresentations to shareholders.
By Brendan O'Grady and John Pirie on Posted in Fraud RecoveryWe previously reported in an article last August that Ontario Courts are increasingly finding civil fraud on the basis of material omissions, as in the United Kingdom. This trend has continued in a recent decision by the Supreme Court of British Columbia in Wang v Shao, 2018 BCSC 377. The case involved the aborted sale… Continue Reading
By Brendan O'Grady on Posted in Fraud Prevention,Fraud RecoverySummary judgment of an action may only be granted when there is no genuine issue requiring a trial and this can be difficult to prove in fraud cases where credibility is often an important factor. In the recent Ontario Superior Court decision in MacNamara v. 2087850 Ontario Ltd. (Strathcona Construction), 2017 ONSC 499, Justice Akbarali… Continue Reading
By Brendan O'Grady on Posted in Investment FraudTwo recent decisions of the Ontario Superior Court demonstrate the willingness of Canadian judges to find fraud on the basis of material omissions in both civil and criminal cases. In Midland Resources Holding Limited v. Shtaif, 2017 ONCA 320, 135 O.R. (3d) 481 and R. v. Fontana, 2016 ONSC 707, omissions by the defendants were found… Continue Reading