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in the tracing, location and freezing of assets following the fraudulent misappropriation of government support by a corporate hotel manager

in more than 20 pieces of litigation concerning a complicated mortgage fraud scheme orchestrated by organized crime

in enforcement proceedings in BC and Ontario arising from the expropriation by Antigua and Barbuda of its 108-acre resort property, resulting in a multi-million-dollar award

In connection with the money laundering investigation by Canadian authorities regarding proceeds of a US$230-million tax refund fraud uncovered by Sergei Magnitsky and the implementation of the Canadian "Magnitsky Act"

in the litigation related to, and in the recovery of losses from, a land banking real estate investment scheme in Ontario

in recovering nearly C$100 million stolen from certain investors in a syndicated mortgage scheme

Advising a large US client embroiled in litigation in Florida against a Canadian who, through a fraudulent invoicing and accounting scheme, allegedly defrauded our client in excess of US$50 million

Advising a major US hedge fund in a private arbitration seeking the recovery of C$150 million paid for the purchase of an interest in a Canadian company

in the defence of a C$400-million claim by Lithium Royalty concerning the enforceability of revenue-based royalties from the Thacker Pass mine in Nevada

in the defence of a claim by TD Bank and TD Securities alleging that Blackbird paid inappropriate consulting fees to a TD employee

in its claims for recovery in an alleged large-scale asset-stripping fraud perpetrated by one or more of its clients involving BC–based companies

in the enforcement of its C$233-million CIETAC arbitral award in Ontario to recover assets from an individual connected to defrauding investors

a group of Saudi companies in advancing US$5.3 billion of fraud claims in Canada against a high-ranking former Minister of Cabinet in the former Saudi government

in recognition proceedings related to the insolvency of the multi-billion-dollar cryptocurrency hedge fund Three Arrows Capital involving losses of US$5 billion to $8 billion

For the joint liquidators of a defrauded Antiguan offshore bank in recovery efforts arising from losses in the amount of $5.5 billion, the world's second largest Ponzi scheme

For a Swiss-based organization in a first-of-its-kind application for a Norwich Pharmacal "disclosure" order to obtain information for use in connection with a potential private criminal prosecution relating to the alleged money laundering in Canada of the proceeds of Malaysian political corruption

for a former shareholder in proceedings before the Ontario Superior Court of Justice by the Russian Federation for the set-aside of an interim-award related to an Energy Charter Treaty arbitration

For a large group of investors in an alleged Ponzi-type ticket brokering scheme, including the obtaining of orders for pre-judgment locating and freezing of assets and other extraordinary relief

For a group of investors in obtaining an order freezing the worldwide assets of defendants with business in Europe and Africa and preventing one defendant from leaving the jurisdiction until information necessary to trace and seize the assets was provided

For a major financial institution in a fraud recovery lawsuit to seek recovery of losses arising from a sophisticated cheque-kiting scheme involving the cycling of hundreds of millions of dollars in Canada and the United States

For a significant international payment facilitator in connection with advice on application of relevant Canadian anti-money laundering laws and regulations, including under the Canadian Criminal Code

For the plaintiffs in a class proceeding seeking recovery for Canada's largest Ponzi scheme, with losses to investors of approximately $400 million

A national non-profit organization, in recovering funds and other property wrongfully misappropriated to form a competing organization

in a forum dispute with certain defendants in an action alleging fraud

Proposed representative plaintiffs in a class action relating to an alleged Ponzi scheme alleged to have received in excess of $100 million from Albertan and Canadian investors

in Commissioner of Competition v. Superior Propane Ltd. and ICG Propane et al, the first contested merger application to apply the efficiencies defence

in its application pursuant to s.132 of the Ontario Business Corporations Act to set aside an improvident contract underpinning approximately $18 million worth of counterclaims and to obtain an account of any profit or gain the defendants obtained from that contract

in the pursuit of wrongdoers in a $160-million fraud case

in an appeal involving the fictitious payee defence under the Bills of Exchange Act

Successfully opposing motion for a stay of proceedings, sealing order and other ancillary relief, Prudential Consulting Inc. v. Correia, et al., [2008] O.J. No. 403 (S.C.J.)

The plaintiff, in a case involving conspiracy to commit security fraud, mail fraud and wire fraud charges against a private citizen. Gilliland Estate v. Canada (Attorney General), B.C. Sup. Crt., [2007] B.C.J. No. 1507

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Band 1, White-Collar Crime & Government Investigations

Recognition

Ranked, Global-wide Asset Tracing & Recovery

Ranked, Tier 1, Dispute resolution: Alberta 
Ranked, Dispute resolution: Ontario

Industry Recognition

Band 2, Disputes (International & Cross Border)

Ranked as a leading firm globally in Investigations

Ruth E. Promislow

 Data Security and Privacy, Commercial Litigation Lawyer at Bennett Jones Toronto

Partner

Caroline Poirier

Information Technology, Privacy and Data Protection Lawyer at Bennett Jones Montreal

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

The Office of the Privacy Commissioner of Canada (OPC) issued its findings on August 27, 2025 in connection with an investigation regarding the issue of whether individuals have the right to have information about them de-listed from search engine results.  The OPC found that in limited circumstances, there is such a right where the search results are likely to cause significant harm to an individual, such as a risk of harm to a person's safety or dignity, that outweigh any public interest in that information remaining accessible when searching the individual's name.

Right to Have Your Information De-Listed

Right to Have Your Information De-Listed? The Federal Privacy Commissioner Issues Decision

Ty Fox

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

A requirement of proving a fraudulent conveyance occurred is establishing that the conveyance was fraudulently intended. Courts in British Columbia will rely on the presence of ‘badges of fraud’, such as whether the conveyance occurred for substantially less than what it was worth, to establish a presumption that the conveyance was fraudulently intended. However, the presumption of fraudulent intent is rebuttable.

In Dealing with Fraudulent Conveyances The Rebuttable Presumption of Fraudulent Intent IE CA 3

In Dealing with Fraudulent Conveyances—The Rebuttable Presumption of Fraudulent Intent—IE CA 3 Holdings Ltd. v NYDIG ABL LLC, 2024 BCCA 244

Robert W. Staley

Commercial, Securities and Class Action Litigation Lawyer at Bennett Jones Toronto

Vice Chair and Partner

Nathan J. Shaheen

Commercial Disputes and Financial Crimes Lawyer at Bennett Jones Toronto

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

In Buduchnist Credit Union Limited v. 2321197 Ontario Inc., <a rel="noopener noreferrer" rel="noopener noreferrer" href="http://https//www.canlii.org/en/on/onca/doc/2024/2024onca57/2024onca57.html?autocompleteStr=2024%20ONCA%2057&autocompletePos=1&resultId=ad9f4035fa814c80bb6fa3c3c247bd66&searchId=e74774ff29c742ada68d6980f4d463a3" target="_blank">2024 ONCA 57</a>, the Court of Appeal for Ontario has affirmed that superior courts have broad and flexible jurisdiction to address breaches of interlocutory Mareva orders granted to freeze a defendant's assets pending trial. The Court of Appeal has also affirmed a broad approach to the assets captured by Mareva injunctions issued based on the Commercial List Model Mareva Order. Individual assets do not need to be specifically listed or identified in the text of the order to be captured and frozen; it is sufficient if the assets are subject to the direct or indirect control of the Mareva defendant.

Ontario Court of Appeal in Buduchnist Credit Union Affirms Broad Jurisdiction

Ontario Court of Appeal in Buduchnist Credit Union Affirms Broad Jurisdiction to Address Breaches of Mareva Orders

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Simon Grant

Banking & Finance Lawyer, Fintech Lawyer at Bennett Jones Toronto

Partner 

Kwang Lim

Corporate and Securities Lawyer at Bennett Jones Vancouver

Vancouver Managing Partner

Welcome to Bennett Jones' quarterly Fintech in Canada update, where our fintech lawyers address timely issues shaping the industry. In this Q2 2023 update, we look at considerations when considering the use of generative AI in a business and the SEC filing against Binance

Fintech in Canada Q2 2023 Navigating Industry Shifts and Legal Challenges

Fintech in Canada Q2 2023: Navigating Industry Shifts and Legal Challenges

The Ontario Fraudulent Conveyances Act (the FCA), a concise statute of long-standing that traces its history to an English statute of 1571, is intended to prevent conveyances of property made with the intent to defeat, hinder, delay or defraud “creditors or others” of their just and lawful actions, suits, debts, accounts, damages, penalties or forfeitures. While the statute has a lengthy history, the Ontario Court of Appeal was recently faced with a novel question concerning the scope of potential claimants under the FCA.

Ontario Court of Appeal Considers Interpretation of Creditors or Others

Ontario Court of Appeal Considers Interpretation of “Creditors or Others” Under the Fraudulent Conveyances Act 

Lincoln Caylor

Commercial Litigation and Fraud Lawyer at Bennett Jones Toronto

Shaan P. Tolani

Commercial Litigation Lawyer at Bennett Jones Toronto

The United Kingdom’s Civil Procedure Rule Committee <a rel="noopener noreferrer" href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1083217/cprc-mins-13-may-2022.pdf" target="_blank">recently approved</a> methods of extra-jurisdictional service of Norwich-type information orders that could make it easier to pursue cross-border economic crime disputes in England and Wales. This change could pave the way for similar legal reform in Canada.

Fraud Law

Overview

Key Contacts


Bennett Jones Fraud Law We help clients investigate, stop, and recover from fraud and financial misconduct, combining strategic legal action with global reach to protect assets and mitigate risk. Key Contacts Lincoln CaylorPartner Munaf Mohamed KCLead Director and Partner Maureen M. WardPartner Overview The Bennett Jones Fraud Law Group has extensive experience providing strategic, results-oriented advice on the full spectrum of issues arising from economic crimes. Economic crimes threaten significant financial harm to both individuals and businesses. This threat expands as commerce and crime take on more technical and international aspects. There are additional layers of complexity for investigating and recovering funds cost-effectively, and new standards to minimize the risks of fraud, money laundering and other financial misconduct. Bennett Jones is here to help. Our Fraud Law Group has extensive experience responding to all manner of economic crimes. We stand ready to investigate and stop asset misappropriation, trace and freeze assets, implement loss-mitigation strategies and pursue comprehensive recovery, including through the courts, to achieve our clients� goals. We also regularly enforce foreign judgments and arbitral awards, advise on compliance with anti-money laundering laws, regulations and best practices, and strategize in response to corruption, "white collar" or other regulatory proceedings. To best serve clients, our Fraud Law Group has local expertise and broad international reach spanning all business sectors. We have made crucial contacts and forged long-standing relationships with law enforcement, private investigators, forensic consultants and external auditors. This deep network is used on demand to ensure that our clients benefit from cutting-edge strategies and technologies, and can access trusted expertise in jurisdictions where their specific needs must be met. Our Fraud Law Group also benefits from its place within Bennett Jones, a large, multi-service firm with well-integrated practice groups equipped to address the full range of legal issues that may follow economic crimes. The breadth of the firm's practice�everything from securities, real estate, corruption, restructuring and insolvency and tax, to employment, data protection and cybercrime�allows for the quick assembly of an effective, multidisciplinary team ready to take action when fraud or other financial misconduct surfaces. Key Contacts Lincoln Caylor, Partner Toronto • 416.777.6121 • caylorl@bennettjones.com Munaf Mohamed KC, Lead Director and Partner Calgary, Toronto • 403.298.4456 • mohamedm@bennettjones.com Maureen M. Ward, Partner Toronto • 416.777.4630 • wardm@bennettjones.com