August 1, 2023
Leaving on a Jet Plane? Not so Fast
by Corey Groper
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” , he set out a number of useful factors for future courts to consider in determining whether an order compelling the surrender of passports should be made.
July 12, 2023
The rejection of a third party’s evidence is not capable of establishing liability for the torts of knowing assistance or knowing receipt
by Corey Groper and Ryder Gilliland
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 trust relationship”, while the latter requires “knowledge of facts that would put a reasonable person on notice to inquire into the situation.
May 9, 2023
Avenues for Recovering Fraudulently Obtained Funds When the Fraudster’s Pockets are Empty
by Corey Groper and Ryder Gilliland
Establishing a fraud is only the first step. Even in the most clear-cut cases of civil fraud, actually recovering the ill-gotten gains is often a challenging and time-consuming endeavor.
In this bulletin, Corey Groper and Ryder Gilliland discuss potential avenues for fraud victims to recoup assets when fraudsters are judgment-proof.
April 19, 2023
The Nature of the Property is an Important Consideration when Advancing a Claim for Conversion
by Corey Groper and Ryder Gilliland
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 of intangible property, it is important to plead alternative causes of action in case the tort of conversion is found not to apply.
March 22, 2023
Fraud: Where to Begin – Part II
by Corey Groper and Ryder Gilliland
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 odious than common law fraud.” The objective of this second bulletin is to explore some of the other causes of action that can be (and often are) pled in conjunction with a claim for civil fraud, including conversion, conspiracy and bribery.
March 3, 2023
Fraud: Where to Begin – Part I
by Corey Groper and Ryder Gilliland
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 action, including the various relevant causes of action available.
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