Information About Canadian Fraud Law
Recent Posts
Below is a preview of the five most recent posts from the blog Canadian Fraud Law. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Potential Pitfalls in Litigation Settlement – Agg v. Watson, 2021 ONSC 3068
In a recent Commercial List Decision, Justice Koehnen granted an injunction to prevent a party from enforcing a settlement agreement on the basis that the settlement had been induced by fraud. The parties to the litigation had been 50/50 partners in a landscaping business. The plaintiff came to susp … Read more »
- Complex White Collar Prosecutions and Dismissal for Delay
The Court of Québec recently considered whether the complexity of a white collar case justifies a departure from the presumptive 18-month limit for the prosecution of criminal offences after charges are laid. The Court’s decision affirms that white collar matters that are often thought of as “comple … Read more »
- Fraud exception to letter of credit autonomy principle requires “impropriety, dishonesty or deceit”. Court of Appeal overturns ruling that had denied commercial landlord of bankrupt tenant full amount of credit.
On October 28, 2020, the Ontario Court of Appeal overturned a respected Commercial Court judge’s decision on a motion affecting a range of important legal issues, including the fraud exception to the autonomy principle regarding letters of credit. In 7636156 Canada Inc. (Re), 2020 ONCA 681, Ontario’ … Read more »
- Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee
In an unreported judgment Pallotta v. Cengarle, Court file CV-16-56337 released on February 27, 2020, Faieta J. found real estate lawyer Licio Cengarle vicariously liable for his clerk’s mortgage fraud scheme as well as for breach of trust. This case is a cautionary tale for professionals and employ … Read more »
- Ponzi Mastermind Sentenced to 12 Years – $54 Million Payment Ordered
David Holden was recently convicted of defrauding Canadian investors in Seaquest Corporation and Seaquest Capital Corporation of more than $54-million in a complex ponzi-scheme. In related civil proceedings our team acted to obtain significant recoveries for some of Holden’s victims. Sadly, this was … Read more »