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25 Jul

Witnesses intimidated and conspiracy alleged while trying to conceal marriage

Monday, July 25, 2022James R.G. CookLitigationFraud, Divorce Act, Property Transfer Tax Act, Foreign Buyer’s Tax

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Allegations of fraud and other unlawful conduct such as conspiracy are an attack on a person’s integrity and should not be made lightly by litigants. As the mere...

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29 Apr

Business partner liable for breach of fiduciary duty and civil fraud

Friday, April 29, 2022James R.G. CookLitigationOntario, Fraud, Fiduciary Duties

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Business partners generally owe each other fiduciary duties and can be liable for civil fraud if funds invested in the partnership business are...

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28 Feb

Family members liable for knowing receipt of trust funds

Monday, February 28, 2022James R.G. CookLitigationFraud, Fraudulent Conveyances Act

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People who receive funds from someone whom they know, or reasonably ought to have known, obtained the funds through a breach of trust may be liable to return the funds based on...

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23 Sep

Employer obtains punitive damages and constructive trust over employee’s property as a result of kickback scheme

Thursday, September 23, 2021James R.G. CookLitigationFraud, Kickbacks

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Dishonest employees who are responsible for misappropriating funds from their employer may face civil judgment for the amount of the...

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28 Dec

Housing construction project turned sour results in personal liability and dismissal of defamation claim

Monday, December 28, 2020Stephen A. ThieleLitigation, Real EstateAlberta, Construction , Fraud, Dream Home, Kickbacks

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Although building a house can take much planning and hard work in securing a developer, labour and material, it is meant to be a joyous exercise which...

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14 Dec

Civil Conspiracy Established against Directors of Shell Company for Loss of Investment

Monday, December 14, 2020James R.G. CookLitigation, Civil LawFraud, Ontario Court of Appeal

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The Ontario Court of Appeal has confirmed that liability for civil conspiracy may arise from the “constructive intent” of a defendant to cause harm even if they are not in direct communication with the plaintiff during...

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25 Oct

Supreme Court of Canada Rules Banks Liable for Conversion of Cheques

Wednesday, October 25, 2017Alexander MelfiLitigation, Bills of Exchange ActSupreme Court of Canada, Fraud

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When the employee of a large corporation defrauds their employer through a fraudulent cheque scheme, should the banks which paid out on the cheques be...

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