Western Canada Business Litigation Blog

Category Archives: Fraud

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BC Court of Appeal Acknowledges Independence of the Bar as a Principle of Fundamental Justice

Posted in Fraud
Comment

In October 2011 I wrote about the BC Supreme Court decision in Federation of Law Societies of Canada v. Canada (Attorney General), 2011 BCSC 1270 in which the Court held that provisions of the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act and related Regulations were constitutionally inapplicable to lawyers.  Specifically, the Court… Continue Reading

Illegal Contracts and Unjust Enrichment: Who Wins Out?

Posted in Commercial, Fraud
Comment

What is an illegal contract and is it enforceable?  If an illegal contract is unenforceable, does the party who received its benefit get to keep that windfall?  The short answer to the first question is that a contract is illegal when it is either contrary to a statute or is contrary to public policy.  Generally,… Continue Reading

Materially Altered Cheques: Who Bears the Loss?

Posted in Banking, Fraud
Comment

You just met a nice foreign gentleman.  He asks you to assist him in facilitating a transfer of funds overseas.  You agree because he offers a 5% commission.  He produces a cheque payable to you, for a large sum, and asks you to deposit it into your bank account.  After retaining your commission, you wire… Continue Reading

Federal Government Proposes Amendments to Anti-Money Laundering Legislation

Posted in Commercial, Fraud
Comment

On November 7, 2011, the federal Government issued a consultation paper on proposed amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing (“PCMLTF”) Act and Regulations which, if enacted, will impose significant new obligations on reporting entities covered by the legislation. The PCMLTF legislation, as the name suggests, is aimed at detecting and… Continue Reading

B.C. Supreme Court Exempts Lawyers from Federal Anti-Money Laundering Laws

Posted in Fraud, Miscellaneous
Comment

The federal government and the legal profession have been at odds for a number of years over the extent to which lawyers can and should be regulated under the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Act”).  The Government has long argued that if lawyers are not subject to the same… Continue Reading

A Cautionary Tale for Front Line Bank Employees?

Posted in Banking, Fraud
Comment

A common fraud perpetrated on financial institutions is the deposit of counterfeit cheques.  The account holder distances themselves from the fraud by portraying the payment as one they thought was part of a legitimate transaction.  The funds are often withdrawn or transferred before the cheque is returned as counterfeit, usually within a matter of days. … Continue Reading

The Red Carding of Mohammed Bin Hammam

Posted in Fraud, Miscellaneous
Comment

On July 23rd, ex-Fifa presidential candidate, Mohammad Bin Hammam (“MBH”) was banned from football related activity for life.  He is the most senior official to be banned by Fifa in its 107 year history.  For the uninitiated, Fifa is the governing global body for the sport of soccer.  A brief factoid:  Fifa has more members… Continue Reading

But I spent the money already!

Posted in Banking, Fraud
Comment

There is a card in Monopoly that reads “Bank error in your favour” and which entitles you to keep the $200 wrongly credited to your account.   Banks can make errors.  Banks are also frequently the victims of fraud.  The result of this is often that a lucky customer’s account suddenly has a much larger balance. … Continue Reading

Proposed Amendments to B.C.’s Civil Forfeiture Act

Posted in Banking, Civil Forfeiture, Civil Procedure, Fraud
Comment

In April 2006, B.C.’s Civil Forfeiture Act (“CFA”) came into force.  Seven Canadian provinces now have similar legislation.  The CFA provides a mechanism for the government, through the Director of the Civil Forfeiture Office, to seek the forfeiture of the “proceeds of unlawful activity”.  Forfeiture is ordered by the Court when it is proven that… Continue Reading

Amendments to British Columbia’s Adult Guardianship Act

Posted in Fraud, Miscellaneous
Comment

A Vancouver realtor, Wilbur Roshinsky, was recently suspended by the Real Estate Council of B.C. for taking advantage of a 90 year old spinster suffering from dementia.  The realtor arranged to sell the spinster’s home to a developer for a price well below market rate.  CBC reports that the transaction was only caught and cancelled… Continue Reading

Privacy vs. Security in Alberta

Posted in Commercial, Fraud
Comment

This post was submitted by Lawson Lundell guest author Euan Sinclair, Director, Knowledge Management. In the absence of a national identity card, many Canadians are routinely required to use their driving licences to prove their identity in the course of business, commerce or travel. But when is it lawful for organizations to record information from the… Continue Reading

k.d. lang Brings Home the Bacon – Artist Wins Lawsuit Against Former Manager

Posted in Fraud
Comment

In an intersection of law and Canadian pop-culture, k.d. lang successfully defended her California judgment against her ex-manager, Annabel Lapp.  Lapp, a Canadian resident, had been k.d.’s manager for 16 years prior to November 2005.  Matters became nasty when k.d. sued Lapp in California for fraudulently handling her finances.  k.d. effectively obtained a default judgment… Continue Reading

WiFi and Breach of Privacy

Posted in Civil Procedure, Defamation, Fraud
Comment

No day goes by without some new internet peril being drawn to our attention.  The most recent evil is an internet based program called Firesheep.   Like others (i.e. Wireshark, Tshark, Snort, Nmap, etc.), this program, a free download on the internet, allows users to troll cyberspace for open WiFi networks and, by doing so, access… Continue Reading

Are the acts of the Employee those of its Employer?

Posted in Fraud
Comment

You just discovered that one of your company’s directors or a senior employee has been engaging in a fraud.  One of the first things I get asked in situations like this is whether the conduct of the employee/director will be treated as the conduct of the company generally.  Can the company distance itself from its… Continue Reading