Earlier this year, the Ontario Court of Appeal affirmed a trial decision awarding damages against an employment placement agency for not checking the references of an employee who would later go on to defraud her employer of more than $263,000.

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Can consumers who obtain a defective product for free recover profits earned by the manufacturer, even though those consumers suffer no damages whatsoever? Most non-lawyers would likely say: no. However, the Ontario Divisional Court recently affirmed a decision certifying a class action against Johnson & Johnson that raises this question.

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In the public sector, fraud prevention begins with understanding the main types of fraud that occur, including: a) contracting/procurement fraud; b) claims/benefits fraud; and c) corruption/influence peddling. It is important to have in place mechanisms to both prevent and minimize the risk of fraud and to monitor and investigate situations in which fraud might be occurring.

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Major shareholders and directors of corporation are not liable for torts of the corporation because they “presumptively benefit” from those torts, or because of a duty to be aware of, explain, and correct, the tortious behaviour, the Court of Appeal recently…

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In Canada, “check” is spelled “cheque”; and cheques are, of course, generally written in Canadian dollars and drawn on Canadian banks. Those are not, however, the only differences between Canadian and US law and banking practices relating to cheques.

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