Fraud victims may not enjoy priority standing in bankruptcy proceedings
In a recent decision, The Court of Appeal for Ontario clarified the circumstances under which a constructive trust remedy will be granted in favour of victims of fraud once a fraudster enters bankruptcy proceedings. In Credifinance Securities Limited v. DSLC Capital Corp,[1] DSLC made a $400,000 loan to Credifinance. Some time later, Credifinance defaulted on the repayment of the loan. DSLC came to suspect that the loan was obtained by way of fraudulent misrepresentations. [more] Full article
Employment agency liable for not checking references
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. [more] Full article
Restitution or windfall?
Court Certifies class action for consumers who suffered no damages
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. [more] Full article
Best Practices for Assessing your Risk of Fraud
rolling up your sleeves to get it right at the start
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. [more] Full article