Canada: Business Crime
The recession has ensured that governments the world over are more finely attuned to fraud, resulting in more aggressive enforcement by authorities, and Canada is no exception. Our sources reported that there has been particular prevalence in tax evasion, with the Canada Revenue Agency coupling more criminal and civil cases. Our research identifies 13 “stand-out” individuals for their work in this sector.
Borden Ladner Gervais LLP is the only firm to have multiple representations in this chapter. Ross McGowan, a partner in the Vancouver office, is the national leader of the firm’s fraud law group. A “highly experienced” lawyer in commercial fraud matters, his clients include financial institutions and insurers, which he advises in relation to fraud, subrogation and recovery claims. Ira Nishisato is based in the Toronto office and is national leader of the commercial litigation practice group, with a focus on commercial fraud. Praised as an “outstanding litigator” by his clients, he has acted as counsel in global, multi-million dollar fraud cases, including a worldwide “e-banking” fraud carried out over the internet.
Matthew Lindsay is managing partner of Fraser Milner Casgrain LLP and has had notable success in the tracing and recovery of proceeds of fraud. In one case involving appearances before trial and appeal courts in Alberta and British Columbia, he obtained, defended and administered preservation orders over $100 million of Alberta commercial properties for an interim receiver as part of a global asset recovery plan.
Munaf Mohamed, based in the Calgary office of Bennett Jones LLP, is co-leader of the firm’s fraud law team. His commercial litigation practice focuses on civil fraud and asset recovery claims and he is valued for his “great judgment” by clients.
Richard Peck QC, founding partner of Peck and Company, has represented clients at all judicial levels, including the Supreme Court of Canada. He is regarded by his peers as an, “excellent litigator”. The firm has extensive experience in criminal practice including commercial crime and extradition.
Edward Greenspan QC is senior partner of Greenspan Partners, in Toronto. A “revered” lawyer for his experience and awards such as the Arthur Martin Medal for outstanding contribution to Canadian criminal law in 2001, he has been involved in some of the most high-profile criminal cases in Canada.
François Daviault from the firm Yarosky Daviault & Isaacs, is a “well regarded” lawyer known for his “strong” advocacy skills.
At the criminal and penal law firm, Shadley Battista, Richard Shadley QC is “well-versed” in business crime defence and has pleaded cases at all levels of court.
Brian Greenspan of Greenspan Humphrey Lavine is “highly regarded” for his expertise in criminal law and his “litigation skills are second to none”. In 2002 he was awarded the Douglas K Laidlaw Medal for excellence in oral advocacy.
Guy Du Pont is co-leader of the Montreal litigation practice at Davies Ward Phillips & Vineberg LLP. With extensive experience as a litigator he has represented clients in relation to alleged tax fraud, criminal fraud, insider trading and corruption, in both domestic and cross-border cases. His “brilliant” litigation skills have been recognised by the Barreau du Québec, which awarded him the honour of “avocat émérite”.
Steven Kelliher of Kelliher & Turner is a “formidable defence lawyer” and represents businesses under investigation and individuals charged with tax offences.
David Porter, a partner with the firm McCarthy Tétrault LLP, focuses his practice on criminal defence and professional discipline defence. He is considered to be a “terrific litigator”, having acted as counsel in the Superior Court of Justice. He is a member of the National Executive of the criminal justice subsection of the Canadian Bar Association, and a member of the Criminal Lawyers’ Association.
Isabel Schurman of the firm Schurman Longo Grenier is vice-chair of the Canadian Council of Criminal Defence Lawyers. A sessional lecturer at McGill University, Faculty of Law, since 1997, she teaches evidence and sentencing and is a “top name” for defence counsel according to her peers.