Civil Fraud Lawyers – Toronto – Brampton – Mississauga

Civil Fraud Lawyers

If you are a business or an individual who requires legal representation in a civil fraud litigation case, you need to contact experienced Civil Litigation Lawyers immediately to discuss your case. Fraud in business transactions is on the rise in the province of Ontario, Canada. At Scardicchio Law Office Professional Corporation, our Civil Litigation Lawyers represent business or individuals involved in a civil fraud case in Ontario, including: in Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener-Waterloo-Guelph, and across Southwestern Ontario. Our civil fraud litigation lawyers have extensive experience in dealing with numerous fraud cases such as:

Investment related Fraud;
Insurance Fraud;
Mortgage Fraud and Fraudulent conveyances;
Investment Fraud
Business investment Fraud;
Accountant Fraud;
Employment Theft and Dishonesty (employee fraud – breach of Trust);
Franchise Fraud;
Fraud involving kick-back schemes and bribes or hidden commissions;
Fraud relating to a Breach of trust

Our team of Civil Litigation Lawyers are also experienced in the legal procedures involving obtaining Interlocutory Orders, such as Norwich orders (a ‘tracing order’), Anton Piller Order, Mareva injunctions, Tracing Orders and Freezing of bank accounts.

At Scardicchio Law Office Professional Corporation, we represent a wide range of clients involving fraud related matters:

Financial institutions
Insurance companies
Small corporations
Individuals

Call us today for a free consultation.

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Civil Fraud Claims differ from criminal fraud

Civil fraud claims differ from criminal fraud, as they usually involved conduct that is more broad, including dishonest dealings and bribe schemes. It may also include being wilfully blind in situations that could result in a breach of trust or breach of fiduciary duties, including non-disclosure of important facts and other misconduct. Civil fraud only needs to be proven on the balance of probabilities, which in fact differs from criminal fraud which requires proof beyond a reasonable doubt.

In civil fraud cases, a victim (plaintiff) must prove that the defendant caused economic or non-economic harm to them. There are four elements in a civil fraud case that must be proven:

A false representation was made by the defendant.
The defendant had some knowledge of the false representation, through recklessness or knowledge.
The false representation caused the plaintiff to act.
The plaintiff’s action resulted in an injury or loss.

The Supreme Court recently redefined the requirements to establish the tort of civil fraud (or tort of deceit) and stayed consistent to the rulings in Parna v. G. & S. Properties Ltd., [1971] S.C.R. 306 and Snell v. Farrell, [1990] 2 S.C.R. 311., and it held that proof that the defendant induced the plaintiff to act is a required element of the tort in Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8

But the Supreme Court did not address those line of cases which state the opposite, which is once the elements of fraud are established by the plaintiff, the onus shifts to the defendant to show that the plaintiff was not induced by the false or fraudulent representation (Barron v. Kelly (1918), 41 D.L.R. 590 and includes 3Com Corp. v. Zorin International Corp. [2004] O.J. No. 1767; Siametis et al. v. Trojan Horse (Burlington) Inc., [1979] O.J. No. 3463; Catalyst Pulp and Paper Sales Inc. v. Universal Paper Export Company Ltd., 2009 BCCA 307).

If you or your company have been a victim of fraud, or suspect fraud, the Civil Litigation Lawyers at Scardicchio Law Office Professional Corporation are here to discuss your unique circumstances and maximize your recovery from the fraud related matter.

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What is Fraud?

The test for civil fraud requires a false representation made knowingly or without belief in its truth, or recklessly, careless of whether it is true or false. The representation must have induced the victim to act to its detriment. Fraud may be committed through an agent. If an accused is found criminally guilty of fraud, the civil test for fraud on the same facts will usually have been satisfied.

What is Fraudulent Misrepresentation?

The essential elements of fraudulent misrepresentation are:
(1) that the defendant made a false representation of fact;
(2) that the defendant knew that the statement was false or was reckless as to its truth;
(3) that the defendant made the representation with the intention that it would be acted upon by the plaintiff;
(4) that the plaintiff relied upon the statement; and
(5) that the plaintiff suffered damage as a result

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Procedures in a civil fraud case

Where a Plaintiff is pleading fraud, there are special considerations which will apply to these types of actions, which is outlined in the Rules of Civil Procedure:
25.06(1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defense, but not the evidence by which those facts are to be proved.
25.06(8) Where fraud, misrepresentation or breach of trust is alleged, the pleading shall contain full particulars, but malice, intent or knowledge may be alleged as a fact without pleading the circumstances from which it is to be inferred.
Pleadings must include specific particulars, including when and where a misrepresentation was made, the basis for the conclusion that the representation made was false, and the damages that occurred as a result of the fraud.

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What is a Mareva Injunction?

A Mareva injunction is an extreme remedy granted in exceptional circumstances to freeze a defendant’s assets before judgment. The Plaintiff must do each of the following:
1) make full and frank disclosure of all material matters;
2) give full particulars of the claim against the defendant and highlight potential defenses;
3) show that the defendant has assets in the jurisdiction;
4) show that there is a real risk of the assets being removed out of the jurisdiction, or disposed of before trial and that the plaintiff will be unable to satisfy a potential judgment; and
5) give an undertaking as to damages.

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Our team of dedicated Civil Litigation Lawyers represent your civil fraud claim, and we will work to get you the compensation you deserve. Contact us today for a free telepone consultation to discuss your case.

(647) 607-7LAW

What is a Mareva Injunction

A Mareva injunction is an extreme remedy granted in exceptional circumstances to freeze a defendant’s assets before judgment. The Plaintiff must do each of the following:
1) make full and frank disclosure of all material matters;
2) give full particulars of the claim against the defendant and highlight potential defenses;
3) show that the defendant has assets in the jurisdiction;
4) show that there is a real risk of the assets being removed out of the jurisdiction, or disposed of before trial and that the plaintiff will be unable to satisfy a potential judgment; and
5) give an undertaking as to damages.

What is an Anton Piller Order?

The jurisdiction to issue a private search warrant rests with the Ontario Superior Court. An Anton Piller order essentially authorizes a private party to insist on entrance to the premises of the party it believes has defrauded them in order to seize and preserve evidence which will assist in furthering its claim.
In order to apply for an Anton Piller Order, a Plaintiff must show 4 elements: 1) a strong prima facie case; 2) damage to the plaintiff of the defendant’s alleged misconduct, potential or actual, and must be very serious; 3) convincing evidence that defendant possesses incriminating documents or things; and 4) a real prospect that the defendant may destroy the material before discovery.

What is a Norwich Order?

A Norwich order compels a third party to provide the applicant with information where the applicant believes they have been wronged and needs the third party’s assistance in order to determine the circumstances of the wrongdoing which will assist the applicant to pursue its legal remedies. This type of order is also known as a tracing order.

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