In Amphenol Canada Corp v. Sundaram, 2020 ONSC 328 (“Amphenol Canada“), the Ontario Divisional Court confirmed that a prima facie showing of fraud and dissipation in the context of a Mareva injunction may have additional consequences for defendants, including presumed prejudice in terms of that defendant’s ability or inclination to satisfy future cost awards.
Continue Reading Impact of Mareva injunctions on alleged fraudsters
In a widely publicized move, on December 18, 2019, SNC-Lavalin Construction Inc. pleaded guilty to fraud over five thousand dollars. The guilty plea was the result of protracted settlement discussions between SNC-Lavalin and the Crown.
As part of SNC-Lavalin’s plea deal, all charges against SNC-Lavalin Group Inc. and its international marketing arm, SNC-Lavalin International Inc. were withdrawn. SNC-Lavalin Construction will pay a fine of $280 million, payable in instalments over the next five years. The deal also includes a recently released probation order that requires SNC-Lavalin Construction to cause SNC-Lavalin Group to strengthen its compliance program, record keeping, and internal control standards.
Continue Reading SNC-Lavalin Probation Order Issued in Connection with Guilty Plea
Ontario has established a new agency to combat fraud. The Serious Fraud Office (the “SFO”), modelled on the UK’s anti-fraud agency of the same name, will place police investigators and fraud prosecutors under one umbrella to ensure the proper expertise and enforcement coordination is applied to cases of high-value fraud in Ontario.
Continue Reading Fraudsters Beware: Ontario Launches Serious Fraud Office
On May 14, 2019, in Christine DeJong Medicine Professional Corp. v. DBDC Spadina Ltd., 2019 SCC 30 the Supreme Court of Canada granted Christine DeJong Medicine Professional Corporation’s appeal and unanimously adopted Justice van Rensburg’s dissenting reasons as their own. In reversing the earlier decision of the Ontario Court of Appeal, the Supreme Court has provided guidance on when a party will be found to have participated in a breach of trust.
Continue Reading Refrain is the Name of the Game: Supreme Court rules on Breach of Trust
In Wescom Solutions Inc. v Minetto, the Ontario Court of Appeal confirmed that the test for wilful blindness has the same standard in criminal and civil proceedings, which means asking whether a defendant was in fact suspicious and chose to ignore those suspicious, rather than whether defendant objectively should have been suspicious.
Continue Reading Re-seller of fraudulent goods found wilfully blind by Court of Appeal
Lawyers must act with care and uphold their professional obligations when making referrals. The Supreme Court of Canada recently addressed the professional liability of a lawyer who advised his client to purchase specific offshore investments from an advisor where that advisor turned out to be a fraudster. In Salomon v Matte‑Thompson, 2019 SCC 14, the Supreme Court upheld the decision of the Quebec Court of Appeal holding the lawyer liable for his client’s investment losses.
Continue Reading Supreme Court Confirms that Lawyer is Liable for Advising Clients to Invest in Fraudulent Scheme
Surprisingly, evidently not. Briefly the facts in Plate v. Atlas Copco Canada Inc., 2019 ONCA 196: an Executive in the role of Vice President Global Strategic Customers was terminated for just cause grounded in a decades-long defrauding of the company and its benefits provider in conspiracy with the latter’s consultant, to the extent of over $20,000,000, over a million of which resulted to the Executive personally. His argument that he was a bystander incidentally enriched to the knowledge of the employer failed, conviction entered, no appeal pursued.
Continue Reading Tangled Weeds: Fiduciary Status in a Criminal Fraud Not Determinative in Employment Litigation?
When a plaintiff obtains a judgment from the court, that party is normally precluded from starting another lawsuit seeking the same judgment debt from the defendant. However, in Royal Bank of Canada v Kim, 2019 ONSC 798, Justice Broad of the Ontario Superior Court made an exception because the bank had discovered evidence of fraud after it obtained summary judgment against the defendant. The bank sought to pursue a second action for a judgment in fraud so that the judgment would survive and be enforceable after the bankruptcy of the defendant who, in turn, vigorously resisted the second action arguing that the plaintiff had already obtained judgment against him and could not reconstitute the judgment after the fact.
Continue Reading Bank allowed to allege fraud in second ‘Kick at the Can’
On November 15, 2018, the Supreme Court of Canada granted Christine DeJong Medicine Professional Corporation’s (“DeJong”) application for leave to appeal from the decision in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60. By granting leave, Canada’s highest court will weigh in on the liability of “victims” of fraud as against one another.
Continue Reading Supreme Court to Rule on Conflicting Rights of Investors in Fraudulent Schemes
Piercing the corporate veil remains a difficult feat in Ontario. Recently, in Cornerstone Properties v Southside Construction, Justice Hockin of the Ontario Superior Court of Justice refused to pierce the corporate veil to hold a corporation liable for a costs award against its subsidiary. This decision reaffirms that courts will only pierce the veil where a corporation is being abused to the point where it is not functioning as a bona fide corporate entity, and instead is being used as a vehicle to facilitate fraudulent or improper conduct.
Continue Reading Piercing the Corporate Veil – the Need for Clear Fraudulent or Improper Conduct