![]() ![]() Mauldin – Access to Justice in a Civil Fraud CaseĪlthough our firm did not act in that case, one of the lawyers at our firm, who practises in the areas of civil fraud recovery, appeared as co-counsel for the thirteen plaintiffs (one of which was Mauldin) who responded to the appeal to the Supreme Court of Canada in Hryniak v. “… the tort of civil fraud has four elements, which must be proven on a balance of probabilities: (1) a false representation by the defendant (2) some level of knowledge of the falsehood of the representation on the part of the defendant (whether knowledge or recklessness) (3) the false representation caused the plaintiff to act (4) the plaintiff’s actions resulted in a loss.” Hryniak v. Mauldin, 2014 SCC 7, and in that case civil fraud is defined this way: ![]() The leading case on civil fraud in Canada is the Supreme Court of Canada decision in 2014 in Hryniak v. Increasingly though, plaintiffs in lawsuits simply claim damages for losses arising directly from the tort of civil fraud. ![]() In Ontario, civil lawsuits for the victims of fraud are often framed as claims for deceit, fraudulent misrepresentation, civil conspiracy, civil extortion, breach of contract, unjust enrichment and restitution. Fraud in all cases implies a willful act on the part of any one, whereby another is sought to be deprived, by illegal or inequitable means, of what he is entitled to.” Kerr on the Law of Fraud and Mistake, 7th ed. (London: Sweet and Maxwell, 1952) at p. “All surprise, trick, cunning … and other unfair way that is used to cheat any one is considered as fraud. What is Investment Fraud?Īn often quoted English law textbook defines fraud this way: However, given the number of prominent and recently reported cases of civil fraud in the courts of Ontario and Canada and the frequency of reports in the media of those falling victim to civil fraud, it is easy to conclude that civil fraud and dishonesty has increased in Ontario, or that more victims of fraud are coming forward to seek redress for their losses. This was said more than four hundred years ago by English Lord Coke. “Fraud and deceit abound in these days more than in former times.” Twyne’s Case (1602), 3 Co. You require experienced, senior counsel in a civil action for recovery of monies in a case of investment fraud. In some cases the court does not require the assistance of an expert opinion to conclude on a balance of probabilities that the scheme of investment is fraudulent.įraudsters may be using your lost investment / funds to defend a case against them. Through the engagement of qualified forensic accountants and investigators, including Certified Fraud Examiners, a simple review of documentation in a case may establish that the scheme or investment is likely fraudulent. Investment Fraud | Wealth Enhancement Fraudįraudulent investment schemes are widely reported and often described in these terms:įraudulent investment operations, Wealth Enhancement Fraud, Ponzi Schemes, “fresh money” schemes, promoted as “high yield” schemes, “high-yield investment” programs or offshore investments, “pyramid” and matrix schemes, “franchise” and distribution fraud schemes, and internet-based pyramid scams. We can act in Ontario, Canada for local and foreign individuals, businesses, organizations and associations who have been defrauded. Recognition of Request for International Judicial Assistance.International Litigation and Arbitration.David Alderson – LL.B., LL.M, Q.Arb Senior Counsel Commercial Litgation. ![]()
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