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Letters of Credit and Fraud Exception
Thursday, May 23, 2024Rui FernandesLitigationTransportation & Logistics, Letter of Credit, Fraud
A bank issuing a letter of credit has a near absolute duty to honour a demand for payment under the letter. Notwithstanding, one...
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Does a bank have a duty to warn a customer before carrying out a suspicious transaction?
Tuesday, January 31, 2023James R.G. CookLitigationBritish Columbia, Fraud, Exclusion Clauses, Application for Remittance
If a customer walks into a bank and asks a teller to carry out a certain transaction, does the bank owe the customer a duty to...
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Anti-SLAPP motion fails to stop Canadian Tire’s claim against alleged perpetrators of fraudulent after-sales service program
Friday, December 2, 2022James R.G. CookLitigationFraud, Courts of Justice Act, Anti-SLAPP
Motions under section 137.1 of the Ontario Courts of Justice Act (CJA) are typically brought to dismiss defamation claims involving expressions on matters of public interest. However, while the...
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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
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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Business partner liable for breach of fiduciary duty and civil fraud
Friday, April 29, 2022James R.G. CookLitigationOntario, Fraud, Fiduciary Duties
Business partners generally owe each other fiduciary duties and can be liable for civil fraud if funds invested in the partnership business are not used for their intended...
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Family members liable for knowing receipt of trust funds
Monday, February 28, 2022James R.G. CookLitigationFraud, Fraudulent Conveyances Act
Summary judgment decision set aside by Court of Appeal: Quantum Dealer Financial Corporation v. Toronto Fine Cars and ...
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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
Dishonest employees who are responsible for misappropriating funds from their employer may face civil judgment for the amount of the...
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Housing construction project turned sour results in personal liability and dismissal of defamation claim
Monday, December 28, 2020Stephen A. ThieleLitigation, Real EstateAlberta, Fraud, Dream Home, Construction , Kickbacks
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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Civil Conspiracy Established against Directors of Shell Company for Loss of Investment
Monday, December 14, 2020James R.G. CookLitigation, Civil LawOntario Court of Appeal, Fraud
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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Supreme Court of Canada Rules Banks Liable for Conversion of Cheques
Wednesday, October 25, 2017Alexander MelfiLitigation, Bills of Exchange ActSupreme Court of Canada, Fraud
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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