Canadian Fraud Law

Canadian Fraud Law

Commentary, News and Updates

Glenn Gibson

Glenn Gibson

Glenn Gibson is a member of Baker McKenzie’s Litigation & Government Enforcement Group in Toronto. Glenn acts for clients in civil fraud proceedings, contractual disputes, jurisdictional disputes, class actions, and on matters involving commercial arbitration. She is a frequent contributor to,, and to the Baker McKenzie International Arbitration and Litigation Newsletter. She also assists the Firm’s pro bono team in providing legal advice to victims of human trafficking and sexual exploitation.

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Fraudulent Conveyance Claim flounders on procedural shores

Posted in Fraud and Insolvency Law, Fraud Recovery
In Esfahani v. Samimi, 2018 ONCA 516  the Ontario Court of Appeal confirmed that a plaintiff pursuing a fraudulent conveyance or preference must recognize that the legal landscapes changes with a bankruptcy and that the effects of a bankruptcy filing cannot be ignored. The unfortunate outcome for the plaintiff, Djalaleddin Esfahani (“Esfahani“), was that an… Continue Reading

When Should a Defendant Bring a Motion for Summary Judgment in Fraud Proceedings?

Posted in Fraud and Insolvency Law, Fraud Prevention, Fraud Recovery
This is our third and final post on the complex fraud carried out by Norma and Ronald Walton, and the Ontario Court of Appeal decisions arising from their scheme. In our earlier posts, we focused on the use of a constructive trust as a remedy for breach of fiduciary duty and third party fraud liability.… Continue Reading

Constructive Trust as a Remedy for Breach of Fiduciary Duty: Court of Appeal Clarifies Test for Granting Proprietary Remedies

Posted in Fraud Recovery
This is our second of three posts on the Ontario Court of Appeal’s recent decision in DBDC Spadina Ltd. v. Walton 2018 ONCA 60 arising out of a complex fraud scheme perpetrated by Norma and Ronauld Walton. This post discusses the finding by the Court of Appeal that it was inappropriate for the application judge to… Continue Reading

Stranger Danger: When Companies associated with a Fraudster should be Liable for the Fraudster’s Breach of Fiduciary Duty

Posted in Fraud Recovery
The decision in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60 provides insight on when corporations that are de facto under control of a fraudster can be held liable for claims of knowing assistance in the breach of fiduciary duty and knowing receipt of trust property. This is the first of three posts in which… Continue Reading

Double Jeopardy Argument fails for the Magic Lady

Posted in Investment Fraud
Dubbed the ‘Magic Lady’ by the media for perpetrating a $100 million Ponzi scheme, Rashida Samji faced administrative proceeding brought by the BC Securities Commission (“Commission”) as well as criminal charges. The Commission found in 2014 that she perpetrated a fraud, imposing a disgorgement order of almost $11 million and a $33 million administrative monetary… Continue Reading