On March 21, 2025, the Ontario Court of Appeal upheld the certification of a class proceeding on behalf of cryptocurrency traders against the world’s largest crypto and asset trading platform, Binance Holdings Limited (“Binance”). The Court’s decision highlights the...

The Mareva injunction is a useful tool for victims of fraud. Ontario’s Divisional Court has described it as “a vital arrow in the civil law’s quiver to address serious fraud”[1]. What happens, however, when there is no evidence of any significant assets in the...

In BH Frontier Solutions Inc. v. 11054660 Canada Inc. (Canadian Choice Supply), the Court of Appeal for Ontario clarified when courts will disregard the separate legal personality of a corporate entity that is being used as a shield for conduct akin to fraud. In doing...

In Sase Aggregate Ltd. v. Langdon, the Court of Appeal for Ontario dismissed a plaintiff’s attempt to recoup fraudulently obtained funds from the fraudster’s wife, who was a stranger to the fraud. In doing so, the Court provided guidance on the high standard required...

In Wayne Safety Inc. v. Diana Gendelman et al., Osborne J. considered when a court may order defendants in a civil proceeding to surrender their passports. After noting that the jurisprudence in this area is “relatively limited”[1], Osborne J. set out a number of...

In Quantum Dealer Financial Corporation v. Toronto Fine Cars and Leasing Inc., the Court of Appeal for Ontario considered the torts of knowing assistance and knowing receipt, confirming that the former “requires a heightened level of awareness by strangers to the...

Establishing a fraud is only the first step. Even in the most clear-cut cases of civil fraud, actually recovering the ill-gotten gains can be a challenging and time-consuming process. In the aftermath of a fraud, victims often learn that the perpetrator is...

Introduction The Court of Appeal for Ontario’s recent decision in Tar Heel Investments Inc. v. H.L. Staebler Company Limited stands for the proposition that the tort of conversion may not apply to intangible property.   As such, when bringing a claim relating to theft...

Fraud: The Related Causes of Action In our introductory bulletin, we explored the tort of civil fraud and examined its constituent elements. We also considered the doctrine of equitable fraud which “does not necessarily connote dishonesty” and is, therefore, “less...

Introduction This is the first in a series of bulletins which will discuss relevant considerations for practitioners faced with the prosecution and defence of civil fraud actions. This introductory bulletin addresses considerations at play when commencing a fraud...