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ARTICLE · 25 MAY 2023

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Fraud: Where To Begin – Part I

This is the first in a series of bulletins which will discuss relevant considerations for practitioners faced with the prosecution and defence of civil fraud actions.

CanadaCriminal Law

Introduction

This is the first in a series of bulletins which will discuss relevant considerations for practitioners faced with the prosecution and defence of civil fraud actions.

This introductory bulletin addresses considerations at play when commencing a fraud action, including the various relevant causes of action available.

Future bulletins will address, among other topics, the following:

  • advantages and disadvantages surrounding the pleading of fraud;
  • practical tips when considering who to name as defendants;
  • strategies for piercing the corporate veil;
  • interim relief measures including Mareva, Norwich and Anton Pillar orders; and
  • jurisdictional considerations which frequently arise in the context of cross-border fraud cases.

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