An allegation of fraud is very serious. It carries with it a stigma and can have serious consequences for those involved. Accordingly, such an allegation is taken very seriously by the Court.
Definitions of the term "fraud" include:
• an intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right
• an act of deceiving or misrepresenting
Frauds can:
• be large or small
• arise out of complex financial arrangements or very simple transactions.
• occur over long periods
• arise from a single, one time, event such as a knowingly false statement.
The essential ingredient is that one party intentionally deceives another, either by action or inaction, causing the other to act in a certain way and thereby suffer a loss.
Fraud and the Court
Courts in British Colombia and Canada treat an allegation of fraud very seriously. Because of the seriousness of the allegation, the Courts in British Columbia impose a higher evidentiary standard on a plaintiff who seeks to prove a case in fraud.
If a plaintiff is successful in proving fraud, the Court will often award them with a greater level of compensation to more fully reimburse them for their costs incurred in pursuing the case. Conversely, if a defendant is successful in defending an allegation of fraud, the Court will often award that defendant with a greater level of compensation to more fully reimburse them for their costs incurred in defending the case.
Making an Allegation of Fraud
If you feel that you have been the victim of a fraud, it is important that you seek and obtain legal advice as soon as possible. That is particularly the case if the fraud is ongoing or the fraudster continues to be in a position whereby he or she can continue to do harm. Depending on your circumstances, you may require immediate steps to be taken, such as the obtaining of an injunction or the appointment of a Receiver to preserve and protect assets.
At DuMoulin Boskovich we have a number of lawyers who have experience in cases involving fraud, from the small, single instance cases to large complex and ongoing financial frauds. Our team of lawyers can advise you on whether a fraud has been, or is being, committed, what steps should be taken to stop the fraudulent acts, preserve evidence and assets, and ultimately assist you to obtain compensation. We have experience investigating frauds, gathering the necessary evidence and retaining the appropriate experts to properly prosecute a fraud claim.
A successful fraud claim requires prompt, efficient and organized prosecution on the part of the Plaintiff. If you feel you may have been the victim of a fraud, please call us to make arrangements for a consultation with a member of our firm.
Defending an Allegation of Fraud
There are very few things more upsetting than being sued, particularly if the allegations made include an allegation of fraud. A law suit which alleges fraud can be very damaging to one's reputation and business interests. If you have been accused of committing a fraud or have been sued for fraud, it is imperative that you seek qualified legal counsel as soon as possible.
At DuMoulin Boskovich our lawyers have experience in defending allegations of fraud. We know that it is critical that such allegations are dealt with quickly and effectively, not only to successfully defend the law suit, but also to minimize any damage the allegations themselves can have.
In some instances, allegations of fraud cannot be resolved without a trial. While proceeding to trial is always stressful for any litigant, it may be the only forum in which a defendant facing an allegation of fraud can be fully vindicated. In those circumstances, it is imperative that your interests are properly protected. We have experience investigating allegations of fraud, and gathering the necessary evidence, including the retention of the appropriate experts, to diffuse an allegation of fraud and successfully defend the case.
The successful defence of a fraud case requires a complete investigation of the facts, the gathering of all relevant evidence, a thorough analysis of the legal principles involved, and an organized and concise presentation of those facts, in light of the applicable legal principles. If you have been accused of committing a fraud or have been sued for fraud, please call us to make arrangements for a consultation with a member of our firm. |
