Calendar·Law·Commercial Law
Commercial Fraud and Remedies
FACULTY OF LAWCommercial Law • ~30 min

How commercial fraud operates in Canadian law — the civil and criminal dimensions, the remedies available to victims, asset tracing, and practical steps businesses can take to prevent and respond to fraud.

Commercial Fraud and Remedies

Price
$79
Lessons
4
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What this course covers

01Commercial Fraud in Canada: The Civil and Criminal Framework
02Types of Commercial Fraud That Most Commonly Affect Canadian Businesses
03Civil Remedies for Fraud: What You Can Recover and How
04Practical Prevention and Response: What Businesses Should Do

Scenario

A discrepancy in inventory records first surfaced during a routine quarterly review at a small wholesale distribution company operating out of a warehouse facility in southern Ontario. The company, which had been in business for 11 years distributing industrial cleaning supplies to commercial clients across the province, had maintained a relationship with a particular chemical supplier for nearly 7 of those years. The supplier, a privately held manufacturing operation based in a neighbouring region, had consistently provided competitive pricing, reliable delivery schedules, and what appeared to be authentic product certifications for the industrial-grade cleaning compounds the distributor resold to its clients.

The inventory discrepancy prompted the distributor's owner to examine purchase records more closely. Over the following 3 weeks, a troubling pattern emerged. Invoices from the supplier over the preceding 18 months reflected quantities and prices that did not align with shipping manifests, and several product certification documents bore irregularities that had not been noticed when the documents were originally received. The owner engaged an accountant to conduct a more thorough review, which revealed that the apparent overcharges and phantom deliveries amounted to approximately $187,000 over the 18-month period. Further investigation suggested that at least some of the product certifications provided by the supplier may have been fabricated, raising questions about whether the distributor had unknowingly resold improperly certified products to its own commercial clients.

The distributor's owner now faces a series of consequential decisions. The company holds a commercial insurance policy that includes some coverage for business losses, though the policy language regarding fraud is ambiguous. The owner has consulted briefly with a lawyer who indicated that both civil and criminal avenues might be available, but pursuing either would require time, documentation, and resources the small business can ill afford to divert from operations. The supplier, for its part, has not responded to written inquiries seeking an explanation for the discrepancies. Meanwhile, the distributor must consider its own potential exposure to claims from the commercial clients who purchased the products in question, as well as what immediate steps might be necessary to preserve evidence, protect ongoing business relationships, and mitigate further losses. The company's existing internal controls, which had been developed informally over the years without legal guidance, are now under scrutiny as well.

More in this program

Sale of Goods: Rights, Warranties, and Risk of Loss
~30 min · $79
The PPSA: Secured Transactions and Priority
~50 min · $149
Commercial Credit, Guarantees, and Letters of Credit
~50 min · $149

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