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Searching Content by Jordan Deering ordered by Published Date Descending.
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Proving Risk Of Asset Dissipation: The Limits Of The Fraud Inference In Mareva Injunctions
The Ontario Superior Court of Justice decision in HZC Capital Inc. v Lee reinforces the burden on the plaintiff in obtaining a Mareva injunction to provide strong evidence
Canada
23 Aug 2019
2
Alberta Court Of Appeal Considers An Investment Scheme
Charles Ryan promoted a plan to develop land through various corporate vehicles.
Canada
29 Jul 2019
3
The Supreme Court Of Canada Rules On "Knowing Assistance" In The Context Of Fraudulent Schemes
A less stringent standard, adopted by the majority of the Ontario Court of Appeal, was rejected.
Canada
31 May 2019
4
Alberta Court Of Appeal Clarifies Law Of Civil Contempt
Non-compliance with court orders is often a challenge in fraud litigation, and often, a plaintiff needs to seek relief in contempt.
Canada
21 Nov 2018
5
Catch Me If You Can: British Columbia Supreme Court Allows Tracing Of Cryptocurrency
Using cryptocurrency to pay for goods or services is becoming increasingly commonplace in Canada. It is therefore no surprise that the legal treatment of cryptocurrency ...
Canada
25 Oct 2018
6
Supreme Court Of Canada Confirms Test For Obtaining Norwich Orders In Context Of Copyright Act
Copyright holders are increasingly seeking Norwich orders against internet service providers to identify individuals misusing intellectual property online.
Canada
24 Sep 2018
7
Waiver Of Privilege Over Cybersecurity Report
The Ontario Superior Court recently ordered Casino Rama Resort to produce excerpts of reports prepared by a cybersecurity company who investigated a cybersecurity breach.
Canada
13 Sep 2018
8
Amendments To The Alberta Lobbyists Act – What You Need To Know
Bill 11, the Lobbyists Amendment Act, 2018 (Bill 11), passed first reading in the Legislative Assembly of Alberta on April 11, 2018.
Canada
14 May 2018
9
Even The Winners Lose In A Ponzi Scheme: Payments Made To Investors In A Ponzi Scheme Clawed Back As Fraudulent Conveyances
In what is typically referred to as a "clawback proceeding," a trustee in bankruptcy seeks to recover, or "claw back," funds paid to innocent investors in a Ponzi scheme lucky enough to make a profit (net winners) ...
Canada
25 Apr 2018
11
Civil Contempt Of The Court Not Reserved For The Most Severe Cases
The Supreme Court of Canada recently refused an application for leave to appeal from an Alberta Court of Appeal judgment in Oommen v Capital Region Housing Corp. (Oommen).
Canada
6 Feb 2018
12
Alberta Court Of Appeal Reinforces The Need For Caution And Candour In Seeking Ex Parte Mareva Injunctions And Anton Piller Orders
The Alberta Court of Appeal recently provided a clear reminder to legal counsel: applicants must carefully adhere to their duties of candour and full disclosure when bringing applications...
Canada
1 Dec 2017
13
SCC Misses Opportunity To Correct The Law Of Fictitious And Non-Existing Payees
Twenty years after its last look at the issue, the Supreme Court of Canada has once again had the opportunity to determine which innocent party should bear the loss caused by the negotiation...
Canada
9 Nov 2017
14
Criminal Conviction Upheld For Failed Bribery Scheme
The trial decision regarding Mr. Karigar received widespread attention as it was the first conviction of an individual under the Corruption of Foreign Public Officials Act.
Canada
10 Aug 2017
15
Protecting Litigation Privilege In Corporate Criminal And Regulatory Investigations
A recent English case offers lessons for Canadian corporations seeking to assert litigation privilege when facing a criminal or quasi-criminal investigation.
Canada
28 Jul 2017
16
Federal Contracting Fraud Tip Line: What Your Business Needs To Know
The Tip Line is the most recent government initiative that aims to ensure legality in federal contracting practices
Canada
12 Jul 2017
17
Alberta Court Clarifies Tracing Principles In Ponzi Schemes
The exposure of an alleged Ponzi scheme that deprived investors of over $80 million has helped clarify how trust funds deposited in a single bank account should be distributed to their beneficiaries.
Canada
2 Mar 2017
18
A Court Order Is Not A Suggestion: Fines And Imprisonment For Civil Contempt Of Court
On June 24, 2016, Francis Mella was imprisoned for a term of three months as punishment for his contempt of court.
Canada
19 Aug 2016
19
OSC Releases Further Changes To Proposed Whistleblower Program
On October 28, 2015, the Ontario Securities Commission (OSC) released further changes to its proposed whistleblower program.
Canada
3 Nov 2015
20
Privilege Over Whistleblower Investigation Files
The recent Alberta Court of Queen's Bench decision in Talisman Energy Inc v Flo-Dynamics Systems Inc. confirms that privilege is not absolute in whistleblower investigations.
Canada
3 Nov 2015
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