How to Seek Compensation for Damages Caused by Civil Fraud in Toronto

Civil lawsuits are a legal avenue for those who have a conflict with another party to seek justice for disputes outside of criminal charges. One of the most common disputes that result in civil action is cases of fraud. If you've been wronged by a scheme and or an instance of fraud and theft, working with a civil lawyer in Toronto, you can seek damages to compensate for any losses you've faced. To ensure the impact of your lawsuit and to ensure that you generate the best results possible and maximize your settlement, book a complimentary lawyer consultation with Karrass Law. Our team of skilled fraud lawyers can help you build a strong case that enables you to recover some of the money that was lost to fraud. With vast experience dealing with fraud cases, our legal team will help you pursue justice using strong arguments and in-depth litigation insights. 

To learn more about how to seek compensation for damages related to civil fraud, read on and book a consultation with Robert Karrass and the Karrass Law team.

What Are Damages in Fraud Cases?

There are three different ways that you and your civil litigation lawyer can look at pursuing damages in civil court: punitive damages, compensatory, and aggravated damages. Each of these types of damages is meant to compensate victims of fraud financially and punish the perpetrator or defendant. While aggravated damages are reserved for civil cases where there is bodily harm or injury, both compensatory and punitive damages can apply to fraud cases.

Compensatory Damages

These types of damages are pursued when the goal of the civil lawsuit is to compensate the plaintiff or victim of fraud for any financial losses that actually occurred as a result of the fraud. This can include lost investments, lost profits, lost wages, and even property damages. Ultimately, anything that was lost or given has a dollar value directly attached to it. 

Punitive Damages

Punitive damages are awarded as a punishment if your civil lawyer in Toronto is able to effectively prove to the court or to the other party based on the balance of probabilities that the defendant was more likely than not responsible for the losses and fraud that occurred. Punitive damages are typically sought by fraud lawyers and awarded by courts when the defendant's actions are considered malicious or outrageous. These damages are meant to deter future instances of similar behaviour.

Restitution

Your fraud lawyer may also seek restitution, which is essentially a repayment of specific funds or property that was wrongfully taken. This is especially common in fraud cases involving embezzlement, misappropriated funds, or real estate schemes.

How to Seek Compensation for Fraud with Your Civil Litigation Lawyer

In Ontario, civil fraud cases are adjudicated in the Superior Court of Justice. The process is governed by the Rules of Civil Procedure, which ensure fair and orderly proceedings. For claims involving amounts up to $35,000, the Small Claims Court offers a more streamlined process. To determine how to get started with your civil lawsuit, trust the leading professionals at Karrass Law. 

1. Consult a Civil Lawyer in Toronto: Engaging a qualified civil lawyer in Toronto is paramount. They can assess the merits of your case, advise on the appropriate legal strategy, and guide you through the complexities of the legal system.
2. Gather Evidence: Collect all relevant documentation, such as contracts, communications, financial records, and any other evidence that substantiates the fraudulent activity and your resultant losses. 
3. Commence Legal Proceedings: Your civil litigation lawyer will draft a Statement of Claim which outlines the facts of your case and the compensation you are seeking. This is then filed with the relevant court (Small Claims Court is for claims up to $35,000 and the Superior Court of Justice for claims beyond $35,000)
4. Serve the Defendant: Once the Statement of Claim is properly filed, it will be served to the defendant, at which point the court and your fraud lawyer will await a response from the defendant, which must occur within a set period. To respond, the defendant or their defence lawyer will file a State of Defence. If there is no response or no response within the specified period, your civil litigation lawyer can pursue a default ruling.
5. Discovery: Any evidence or relevant information to the case is submitted to the courts by each party's legal teams, where they can both get a clearer understanding of the opposing party's position on the case. 
6. Mediation: In Toronto and other jurisdictions in Ontario, mediation is mandatory. Mediation or Alternative Dispute Resolution is when a neutral third party assists in helping both parties reach a settlement. The goal of mediation is to avoid a lengthy and costly trial. For effective representation in mediation, trust Karrass Law, an experienced mediator, mediation lawyer, and fraud lawyer in Toronto.
7. Proceed to Trial: If mediation does not result in a resolution, the case can then go to trial where both parties present arguments and a judge or jury determines that outcome. After which damages are awarded if they align with the verdict.
8. Awarded Damages: If your civil action is successful for fraud, the court will typically award you damages in the form of punitive, compensatory damages, or restitution. 

Pursue Civil Action with a Leading Toronto Fraud Lawyer at Karras Law

At Karrass Law, our seasoned fraud lawyers won't just help you build your case. We'll manage deadlines, negotiate settlements, file procedural documents properly, and represent you effectively if your case goes to trial. At Karrass Law, we also understand the stress and emotional toll fraud can take, which is why we take a holistic approach, combining legal precision with client-focused support. We provide timely updates and strong arguments and don't pass judgements on our clients. Our goal is to be successful in your legal action, ensuring you get the best outcome possible for your case. To get started on your fraud case with our civil lawyers in Toronto, book a complimentary consultation. 

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