Toronto Lawyers for Victims of Fraud
Loss from Deceit, Fraudulent Misrepresentation, Theft, Embezzlement or Misappropriation

“With Insurance Bureau of Canada estimates of insurance fraud in Canada north of $500 million a year, the cost of inaction is clear.  Cost/Benefit analyses solely focused on a case by case assessment often fail to take into account for the far greater aggregate costs of maintaining a passive system of non-deterrence.” Insurance Fraud: See No Evil & Pay The Piper, John Davis, Managing Partner, Gilbertson Davis LLP, blog post May 4, 2014

We have acted for insurance companies in responding to fraudulent claims.  These can comprise exaggerated claims of loss, injury or damage, claims for fabricated, non-existent events and claims for intentional loss and damage, including arson.  The growth of detected automobile accident fraud against insurers has been widely reported.

One of our lawyers has, as leading counsel, obtained summary judgment for an insurer against a plaintiff alleging automobile injury.

Fraudulent investment schemes are widely reported and often described in these terms:

Fraudulent investment operations, Ponzi Schemes, “fresh money” schemes, promoted as “high yield” schemes, “high-yield investment” programs or offshore investments, “pyramid” and matrix schemes, “franchise” and distribution fraud schemes, and internet-based pyramid scams.

Through the engagement of qualified forensic accountants and investigators, including Certified Fraud Examiners, a simple review of documentation in a case may establish that the scheme or investment is likely fraudulent.  In some cases the court does not require the assistance of an expert opinion to conclude on a balance of probabilities that the scheme of investment is fraudulent.

Fraudsters may be using your lost investment / funds to defend a case against them.  You require experienced, senior counsel in a civil action for recovery of monies in a case of investment fraud.

Real estate fraud and property investment fraud is widespread.

It can take the form of a scheme where there is no intention of those entrusted with an investment to make the promised transfer, mortgage, building or development of the property. Other times those perpetrating a fraud wrongfully and without the knowledge or consent of the victim, through forgery or other wrongful acts, transfer or place a mortgage or charge on the property of the victim. Often this type of fraud is tied to relationship fraud, where the trust of the victim has been gained and then the victim falls prey to a fraud. Versions of real estate fraud are sometimes known as title fraud, mortgage and foreclosure fraud and online real estate scams.

If you are, or consider that you may be the victim of a fraud, do not delay in obtaining legal advice from lawyers who have experience in acting for victims in these types of cases.

• individuals and entities fraudulently claiming to meet requirements for potential recipients
• fictitious employees or recipients
• false accounting of payments
• misappropriation of charitable funds by employees, contractors, and affiliates
• using charities for money laundering and other illicit purposes

Our team of lawyers can effectively represent and advise Not For Profits who are victims of fraud, including obtaining urgent injunctive relief where required, often in order to identify, locate and preserve stolen or misappropriated funds.

 

We have strength and experience in advising foreign clients involved in litigation or arbitration in Ontario and across its borders.

Some of our lawyers have been admitted and practised law in foreign jurisdictions (including England, Bermuda and New York), have both foreign and local legal education, including in the U.S. and U.K. and a number of our lawyers and law clerks speak languages including French, Japanese, Portuguese, Italian, Russian and Cantonese.

We are often consulted by those located in the United States, and in the past have been consulted by or retained in litigation by those (or matters located) in Alaska, California, Washington, Nebraska, Illinois, Missouri, Ohio, New York, New Jersey, Rhode Island, Massachusetts, North Carolina, Tennessee, Georgia, Louisiana, Florida and Texas. Internationally, we have also been involved in litigation or arbitration with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.

We can act for foreign clients where the courts in Ontario or Canada (Federal Court) have jurisdiction.  We can also assist foreign counsel in co-ordinated fraud recovery proceedings, when the defendant or assets owned by the defendant are located in Ontario.  This is sometimes achieved by obtaining local Ontario ancillary, urgent relief in aid of proceedings pending in other jurisdictions.  Other times it is assisting through the court process in obtaining, through judicial assistance, evidence in Ontario for lawyers acting in foreign jurisdictions.

We have acted in proceedings in Ontario to seek recognition and enforcement of foreign judgments and arbitration awards.

If you or your business are the victim of fraud or facing fraudulent claims, please contact Gilbertson Davis LLP for an initial consultation.