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ARTICLE · 25 MAY 2023

Fraud: Where To Begin – Part II

In our introductory bulletin, we explored the tort of civil fraud and examined its constituent elements. We also considered the doctrine of equitable fraud which "does not necessarily connote dishonesty" and is, therefore, "less odious than common law fraud."

CanadaCriminal Law

Fraud: The Related Causes of Action

In our introductory bulletin, we explored the tort of civil fraud and examined its constituent elements. We also considered the doctrine of equitable fraud which "does not necessarily connote dishonesty" and is, therefore, "less odious than common law fraud."1

The objective of this second bulletin is to explore some of the other causes of action that can be (and often are) pled in conjunction with a claim for civil fraud, including conversion, conspiracy and bribery. The appropriateness of each cause of action depends on the specific facts and circumstances of the particular case.

Although they are often interrelated, the various causes of action associated with a fraud claim require separate findings in accordance with the law that governs each of them. It is an error for a court to lump them together and treat them as one.2

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