Canadian Fraud Law

Canadian Fraud Law

Commentary, News and Updates

Fraud Prevention

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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

Jagged Little Pill: What “You Oughta Know” Regarding Agency Fraud

Posted in Employment Related Fraud, Fraud Prevention
Recently Canadian singer Alanis Morissette became the latest well-publicized victim of fraud at the hands of one she employed and trusted: She joins a long list of celebrities who have suffered fraud at the hands of those employed to trust, amongst them the Beatles, Beyoncé, David Bowie, Billy Joel, Bob Dylan, Leonard Cohen, Elvis,… Continue Reading

Court rules “culpability is not a finite” in charitable donation scheme

Posted in Fraud Prevention
According to Statistics Canada, 84% of Canadians aged 15 and over, or just under 24 million people, reported making at least one financial donation to a charitable or non-profit organization when the last survey on gift giving was conducted in 2010. With over $10 billion in yearly donations, it is unsurprising that there are those that… Continue Reading

Using the tort of civil conspiracy

Posted in Fraud Prevention, Fraud Recovery
Ponzi schemes and other fraudulent arrangements that operate on a large scale often involve complex networks of activities, actors, and funds transfers. Given the number of players that may be required to bring about such a scheme, the tort of civil conspiracy provides a potential means for recovery for fraud victims. The elements of civil… 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

Fighting importation of counterfeit products into Canada

Posted in Fraud Prevention, Misappropriation of IP
The distribution and sale of counterfeit goods in Canada, such as counterfeit banknotes, pharmaceutical products and luxury items, has been a growing threat impacting Canadian businesses and consumers.  This prompted the introduction of Bill C-8, the Combating Counterfeit Products Act  (the “Act”), which received Royal Assent on December 9, 2014.  The Act aims to reduce the sale… Continue Reading

March is fraud prevention month in Canada

Posted in Fraud Prevention
March is Fraud Prevention Month in Canada and a number of national and regional initiatives have kicked-off to promote fraud awareness. Federal government agencies, commercial organizations, and non-profit groups have rolled-out campaigns to highlight the impact of fraudulent activities, including:… Continue Reading

Imprisonment for Ponzi Schemes: How long is long enough?

Posted in Fraud Prevention, Fraud Recovery
Under section 380.1(1) and (1.1) of the Criminal Code, courts are required to consider the following non-exhaustive list of factors as being aggravating circumstances in the context of fraud: significant magnitude, complexity, duration or degree of planning of the fraud; an actual or potential adverse effect on the Canadian economy or financial system, or on… Continue Reading

Senior Executive Impersonation – widespread fraud targeting multinationals

Posted in Fraud Prevention
In recent months, Baker & McKenzie has represented a number of clients around the world, including in Canada, who have fallen victim to similar but unrelated scams targeting multinational companies with subsidiaries around the globe. The fact patterns are so strikingly similar that we have issued a Global Alert to minimise the risk of other… 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

Red flags of a Ponzi Scheme

Posted in Fraud Prevention, Investment Fraud
Charles Ponzi perpetrated the first notorious investment scheme in the early 1900s – after whom the investment scheme was named. Ponzi schemes share a basic feature and red flags usually exist which can help investors avoid becoming victims. In a Ponzi scheme, the perpetrator convinces victims to “invest” money, for the promise of a high or… Continue Reading