Tag: Other

Howard W. Winkler and Stephen M. Satchel

E-mailers and Bulletin Board users Beware! As everyone and everything moves to the internet so too does the law of defamation.

E-mail and the internet are becoming common methods of communicating both within organizations and to the world at large. While there is very little case law to date on the subject, it is widely agreed that the general law of defamation will apply to e-mail communications and information posted on or transmitted through the internet. Electronic communications are often not confidential and the potential scope of distribution of an imprudent remark or statement could be very wide. This could have the effect of converting what would otherwise be a private, non-actionable communication into something for which damages might have to be paid.

What Is Defamation? 
A defamation is committed when anyone publishes false words to a person or entity’s discredit. Continue reading E-Defamation

Rob Fowlie, CA-IFA, CFI

Employee fraud is “big business” that will cost the U.S. economy approximately US$600 billion in 2002, according to one US Study. Victimized businesses usually suffer significant losses – over half of frauds committed cause losses of at least US$100,000 and nearly one in six result in losses of over US$1 million. Similar data doesn’t exist for Canada, but employee fraud is unlikely to be any less of a threat to Canadian business. Continue reading Insurance – A Critical Defence Against Employee Fraud

Robert Forsyth, CFI, FCGA, MBA, MA & Ralph Palumbo, LL.B.

The ethics of professional advisors have taken on a much higher profile in the wake of auditing scandals (e.g. Enron, Worldcom) in the United States. An issue of particular concern is the apparent conflicts of interest, both for the auditor, and for directors and management. For the Certified Forensic Investigator (CFI), there is often an assumption that their role is carefully enough defined that there can’t be any problems with a ‘conflict of interest’. Unfortunately problems can and do arise. Continue reading Conflict of Interest

Jim Patterson and Maureen Ward  – Bennett Jones LLP

Vicarious Liability: A Brief Summary – First published in Legal Alert, 22:5 (Carswell, Aug 2003).

There are two long-standing maxims that capture the theoretical bases for vicarious liability. They are:

Qui facit per allium facit per se (he who acts through another, acts through himself); and

Respondeat superior (the superior must answer) Continue reading Vicarious Liability of Employers for Fraud by an Independent Contractor

Jennifer Fiddian-Green

Pardon me, but is that clean or dirty money? 
A key question once Canada’s new legislation comes into effect.

The deal is almost closed, so far everything has gone as planned and this will be a great account to add to your list. All you need to do is take receipt of the funds and invest as planned with your client. Your new client provides funds with two cheques from different third parties, unusual but once the funds clear, you are ready to move ahead. One month later after payment of penalties for early redemption, this client has cashed out and your organization has provided a cheque. A clean cheque. What are the chances that your organization was used to launder funds? Continue reading The New Proceeds of Crime (Money Laundering) Act: Bill C-22