R. Lester

The plaintiff, YMCA, brought an ex parte motion to amend its Statement of Claim, obtain a Mareva injunction, and issue Certificates of Pending Litigation against multiple defendants.

The plaintiff alleged it was the victim of a $2.2 million fraud involving a government training program, where an employee conspired with various training companies to process fraudulent applications and receive kickbacks.

The court granted the amendment to the pleadings and issued the Mareva injunction against all defendants except one, finding a strong prima facie case of fraud and a real risk of asset dissipation.

The court also granted Certificates of Pending Litigation for properties where the plaintiff traced the stolen funds, but denied it for a property purchased before the fraud occurred.

The applicant brought an unopposed motion to extend an existing Norwich Order and broaden its scope to include the personal bank accounts of several individuals.

The applicant alleged it was the victim of a $2.2 million fraud involving a government training program and required the banking records to trace misappropriated funds.

The court found the applicant provided sufficient evidence connecting the additional individuals to the alleged fraud and that the banks were the only practical source of the information.

The motion was granted, extending the order and compelling the production of the requested personal accounts.

The applicant, YMCA of Greater Toronto, sought to extend and amend a Norwich Order previously granted against several banks to investigate an alleged $2.2 million fraud involving the Canada-Ontario Job Grant program.

The applicant also sought to extend the time for service of its Statement of Claim against the alleged fraudsters to avoid tipping them off before the investigation was complete.

The court granted the extension of the Norwich Order and amended it to include accounts that transferred funds to or from the known accounts.

The court also granted the extension of time to serve the Statement of Claim, finding it in the interests of justice.