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  • Article

    Québec Superior Court Confirms Strict Liability For Cheque Bearing Forged Endorsement, In A Case Of Identity Theft And Mortgage Fraud

    The Court regarded this business as being somewhat risky by nature, always entailing the risk of losses, which must be borne by the agency, in this case by Gescoro.
    CanadaCriminal Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Sound Document Retention Policies More Important Than Ever

    The U.S. Supreme Court has overturned Arthur Andersen’s 2002 criminal conviction for obstructing justice by deliberately shredding documents pertaining to Enron.
    CanadaCriminal Law
    Torys
Torys
  • Article

    The First Steps After Being Criminally Charged During The COVID-19 Pandemic

    If you have been arrested by the police and are now required to navigate the criminal justice system, it is useful to know in advance what to expect, particularly with an eye to the latest changes to criminal court proceedings amidst the pandemic.
    CanadaCriminal Law
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    The Latest Act In The Supreme Court Cheque Fraud Drama

    Two judgments, both alike in dignity, in Teva Canada Ltd, where we lay our scene.
    CanadaCriminal Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    The Ontario Court Of Appeal Applies Knowing Assistance Doctrine To Allow Damages Against Corporations In Fraud "Shell Game" Case

    In its recent decision, DBDC Spadina Ltd. v. Walton, the Ontario Court of Appeal clarifies the law on knowing assistance claims that are brought against corporations.
    CanadaCriminal Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    The Role Of Anti-Bribery Compliance In ESG Reporting

    The continuing rise to prominence of environmental, social and governance (ESG) compliance is one of the biggest legal trends of 2022. Investors and other stakeholders are increasingly expecting...
    CanadaCriminal Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    United States DOJ/SEC Release Guidance On Foreign Corrupt Practices Act

    The U.S. Foreign Corrupt Practices Act (the FCPA) is widely regarded as landmark legislation in the combat of corruption around the globe.
    CanadaCriminal Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Update on DPAs (Deferred Prosecution Agreements) in Canada

    DPAs are sentencing agreements negotiated between a prosecution authority and a corporation charged with an offence.
    CanadaCriminal Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    An Employer's $115K Mistake In A Wrongful Dismissal Settlement

    On November 9, 2020, Brown J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Kearns v Canadian Tire Corporation Limited...
    CanadaEmployment and HR
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Changes To Ontario's Whistleblower Regime To Enhance Protections And Proposed Changes To Clarify The Ineligibility Of In-House Counsel For Whistleblower Awards

    Recently, legislative amendments gave teeth to whistleblower protections by creating a civil cause of action for reprisals, potentially resolving one of the criticisms of the program.
    CanadaEmployment and HR
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Employee Jailed For Accepting Bribe

    An employee of a drive test centre has been jailed for accepting a bribe from a driving instructor, who has also been jailed.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employers Be Aware: OSC Proposes Incentive-Based Whistleblower Program

    The Ontario Securities Commission recently published "OSC Staff Consultation Paper 15-401" which sets out a proposed framework for an incentive-based whistleblower program.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Significant Amendments Proposed To Strengthen Canada’s Anti-Corruption Regime

    On February 5, 2013, Bill S-14, the Fighting Foreign Corruption Act was introduced into Canada’s Senate.
    CanadaEnergy and Natural Resources
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Emergence Of The Mareva By Letter: Banks’ Liability To Non-Customer Victims Of Fraud

    Recent Canadian judicial decisions have established that a bank owes a duty of care to non-customers once it has actual knowledge of, or is wilfully blind to, the use of its services for fraudulent purposes.
    CanadaFinance and Banking
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    New Criminal Interest Rate Regulations: A Safe Haven—for Some Lenders

    The Government of Canada recently introduced the Budget Implementation Act, 2023, No. 1 (the "Budget Implementation Act") and the Criminal Interest Rate Regulations (the "Regulations")...
    CanadaFinance and Banking
    Wildeboer Dellelce LLP
    Wildeboer Dellelce LLP
  • Article

    Québec Superior Court Confirms Strict Liabilty For Cheque Bearing Forged Endorsement, In A Case Of Identity Theft And Mortgage Fraud

    The Court regarded this business as being somewhat risky by nature, always entailing the risk of losses, which must be borne by the agency, in this case by Gescoro.
    CanadaFinance and Banking
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Raza Kayani: Ontario Court Of Appeal Addresses Scope Of Fictitious Payee Defence Under Canada’s Bills Of Exchange Act

    In the recent decision of Raza Kayani LLP v. Toronto-Dominion Bank, the Ontario Court of Appeal addressed the scope of the "fictitious payee" defence available to banks and other financial institutions under Canada’s Bills of Exchange Act.
    CanadaFinance and Banking
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Supreme Court Of Canada Confirms Cashing Banks Continue To Bear The Biggest Risk Of Fraudulent Cheques In Teva Canada Ltd. v. TD Canada Trust

    The court saw that banks can spread the risk and loss, while a drawer could be a small business that could be bankrupted if required to bear the loss alone.
    CanadaFinance and Banking
    McInnes Cooper
    McInnes Cooper
  • Article

    Teva Canada, Cheque Fraud And Risk Allocation For Collecting Banks

    In a fiercely-contested, 5-4 split decision, the Supreme Court of Canada ruled that a company victimized by employee cheque fraud can recover its $5.5-million loss from the banks ...
    CanadaFinance and Banking
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    The Curious Case Of The FINTRAC Penalty

    On April 5th, newspapers in Canada began reporting that the Financial Transactions Reports and Analysis Centre of Canada (FINTRAC) had imposed its first ever penalty on a bank.
    CanadaFinance and Banking
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Showing 561–580 of 1483 results

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