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Disclaimer: Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
Navigate the Complexities of Fraud and Financial Crimes
At Diamond and Diamond Lawyers, we specialize in turning the tide against fraud, offering guidance and steadfast support through every phase of the process. Our dedicated legal team ensures your rights are fiercely protected, navigating the complexities of fraud cases with precision and personalized strategy.
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Understanding Civil Fraud
Have you been affected by fraud? Our team is equipped to represent individuals, businesses, organizations, and associations in Canada who have suffered from fraudulent activities.
Fraud is any deceptive action, trickery, or underhanded method to defraud someone. It inherently involves a deliberate attempt to unjustly deprive someone of their rightful entitlements through illegal or unethical means.
Civil fraud refers to deceptive practices and misrepresentations that cause financial harm to individuals or businesses. The cases involve disputes between private parties rather than between the Canadian government and an individual.
The victim or plaintiff must demonstrate to the court that they suffered damages due to the defendant’s actions. The plaintiff is responsible for convincing the court of the fraud’s occurrence by a preponderance of the evidence.
The plaintiff must prove the following critical elements based on the precedent set by the Supreme Court:
- Misrepresentation: A false statement of fact made by one party to another, which is intended to, and does, induce the other party to act or refrain from acting.
- Knowledge of falsity: The person making the misrepresentation knows it to be false or is reckless about its truth or falsity. The false statement is made to deceive the recipient, leading them to act upon it.
- Reliance by the victim: The victim relies on the false statement when deciding to take action, such as entering into a contract or making a payment.
- Damage: As a result of acting on the false statement, the victim suffers financial loss or damage.
Should the plaintiff succeed in their civil fraud claim, the defendant may be ordered to provide restitution, encompassing economic and non-economic damages. Economic damages aim to compensate for tangible losses, such as diminished income, loss of property, and other financial setbacks. Meanwhile, non-economic damages address intangible losses. It includes emotional distress or suffering experienced by the plaintiff, such as the significant stress endured from losing life savings or property.
Common Types of Civil
Fraud
Civil fraud can manifest in various forms, including but not limited to:
- Contract fraud:Occurs when one party enters a contract based on false information or promises made by the other party.
- Securities fraud: This act involves the manipulation of stock or commodity markets through deceptive practices.
- Real estate fraud: Encompasses false representations made during the buying, selling, or financing of property. In some cases, fraudsters can trick you into transferring property title in exchange for a loan to prevent possible foreclosures.
- Insurance fraud: Involves false or inflated claims made to insurance companies to receive unentitled payouts.
- Identity theft: Using someone else’s identity to obtain credit or gain financial advantages.
Victims of civil fraud have the right to pursue legal action to recover their losses. This often involves filing a lawsuit against the perpetrator to seek damages. Damages may include the amount lost due to the fraud and potentially punitive damages if the fraud was particularly egregious.
Successful civil fraud cases require a thorough demonstration of the above elements, often necessitating the expertise of legal professionals in fraud litigation.
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R A
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Matthew Simpson
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Svet Shaw
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I am a client and I would recommend diamond and diamond anytime especially to work with Qasim and Patricia. These two wonderful people helped me so much and I got everything I needed. They were also very understanding and easy to talk to while I was going through the most difficult time in my life and I appreciate them very much. If ever you need help because of car accidents please call diamond and diamond. Ask for Qasim he is absolutely amazing.
- Chris Wilkes
- R A
- Jerry Topps
- Dalbir Singh
- Victoria Souter
- Matthew Simpson
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Comprehensive Fraud Legal Services
Leveraging over three decades of experience in criminal defence, our team possesses the necessary expertise, knowledge, and resources to manage the intricacies of white-collar criminal cases.
Our team and associates bring a unique and advantageous perspective to our clients’ defence strategies.
- Civil fraud litigation:Tackling cases of deceptive practices, breach of contract, and more with unwavering determination.
- Criminal fraud defence: Offering robust defence strategies for those accused of fraud, ensuring a fair trial, and protecting your rights.
- Fraud recovery:Assisting victims in recovering assets lost to fraudulent schemes with a meticulous approach.
Why Trust Diamond & Diamond With Your Civil Fraud Case
- Expert legal team: Our lawyers specialize in fraud law, bringing in-depth knowledge and strategic insight to your fraud case.
- Personalized approach: Every civil fraud case is unique, and our team will tailor legal strategies to meet your specific needs and objectives.
- Proven track record: With numerous successful cases, our expertise in navigating the complexities of fraud litigation is unmatched.
Important Things to Keep in Mind in the Event of Financial Fraud
Legal remedies
Liability
What to do
One of the most common problems victims of fraud and financial crimes face is pursuing compensation for their losses. Although remedies are available, their enforceability depends on whether the case constitutes criminal or civil fraud.
Those seeking civil remedies must demonstrate every element of fraud. Meanwhile, victims pursuing criminal remedies must enforce the restitution order to obtain compensation. Both cases are challenging to implement and often require competent legal counsel.
For that reason, victims of fraud and financial crimes must not carry the burden of recouping their losses alone. A lawyer can guide them through every step and fight for what they're legally entitled to recover.
Frequently Asked Questions on Financial Fraud
What are the common types of civil fraud?
How can I recover losses from financial fraud?
What should I do if I suspect I am a victim of fraud?
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