The Law of Fraud in Canada
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Fraud has become a significant issue for businesses and individuals in Canada. It is estimated to be a 10 to 30 billion-dollar problem annually. Considering its impact on the economic system and people's lifesavings and health, there are few legal texts devoted to the subject. In this much-needed book the authors have compiled, in a clear, concise format, the principles, doctrines and key statutes relevant to the law of civil and criminal fraud.
Features and Benefits
The book provides an invaluable reference tool, key to understanding and dealing with fraud laws in Canada. It acts as both a theoretical treatise and a practical guide, covering:
- Fraudulent Misrepresentation - tests, pleading fraud, burden of proof,assessing credibility, intention to deceive and induce reliance, corporate and third party liability
- Conveyancing Fraud - standing to sue, intention to "defraud, defeat, hinder or delay", the Bankruptcy and Insolvency Act and Quebec Civil Law
- Preference Fraud - under federal and provincial laws
- Criminal Fraud - fraud provisions, fraudulent conveyances, identity theft and identity fraud and sentencing principles
- Securities Fraud - regulatory framework, illegal insider trading, market manipulation and ponzi schemes
- Identity Fraud - the impact and methods of identity fraud, Criminal Code provisions, privacy legislation and invasion of privacy
- Real Estate Fraud - its growing prevalence, Land Titles vs Registry Systems, case law and real estate fraud protection
- Preservation and Protective Remedies - injunctive remedies, Anton Pillar Orders, Norwich Pharmacal Orders and other remedies
- Civil litigation lawyers - dealing with elements of fraud arising in civil litigation; or when retained to defend criminal fraud charges; or when prosecuting/defending civil law fraud charges
- Criminal lawyers - when dealing with criminal fraud cases under the Criminal Code
- Government lawyers - particularly useful for Crown counsel in prosecuting cases of criminal fraud
- Real estate lawyers - in their daily practice, especially considering the frequency of real estate fraud
- Corporate/securities lawyers - in their daily practice, with a chapter specifically on securities fraud, including securities statutes and Criminal Code offences
- Corporate recovery groups - those especially within large organizations (consulting operations, insurance companies, banks, retailers, manufacturing companies, accounting firms, etc.) whose job it is to investigate and control occurrences of fraud
- Fraud Investigators
- In-house Counsel
Table of contents
Table of Contents
Chapter 1 – Introduction
Chapter 2 – Fraudulent Misrepresentation
Chapter 3 – Conveyancing Fraud
Chapter 4 – Preference Fraud
Chapter 5 – Criminal Fraud
Chapter 6 – Securities Fraud
Chapter 7 – Identity Fraud
Chapter 8 – Real Estate Fraud
Chapter 9 – Preservation and Protective Remedies