David Debenham C.F.F. 

Co-Chair, Supreme Court of Canada Practice Group, Co-Chair, Fraud Law
Ottawa  t: 613.691.6109  |  e: david.debenham@mcmillan.ca

David Debenham C.F.F.

Ottawa
World Exchange Plaza, Suite 2000
45 O'Connor Street
Ottawa, Ontario K1P 1A4

t: 613.691.6109
e: david.debenham@mcmillan.ca

overview

David Debenham is "Rated-Distinguished" by Martindale-Hubbell, North America's pre-eminent lawyer peer review service. He is also listed in the Canadian Legal Lexpert Directory as a leading practitioner in the area of Construction Law. David is Co-Chair of our Supreme Court of Canada practice group. He is both a construction law specialist and a certified fraud specialist. He is the President of the Association of Certified Forensic Investigators of Canada. His 25 years as a trial lawyer, and his training as a management and forensic accountant, have given him a unique advantage in representing management, and their businesses, from inception to insolvency in all areas of commercial  and corporate litigation including: 

  • Public and Private procurement disputes before the CITT, Competition Bureau, and the Federal and the Ontario Courts
  • construction lien and breach of trust claims
  • fraud, breach of fiduciary duty and anti-corruption matters
  • shareholders' disputes and senior employee terminations
  • creditors' rights
  • real estate and commercial leasing litigation

David has a proven track record with his clients. One of his clients describes him here.

David Debenham, BA, MBA, J.D., LLM
 

Representative Matters

  • Premier Dry Cleaning v Burnford, 2017 ONSC 2582 (CanLII)
  • 1168760 Ontario Inc. v 6706037 Canada Inc., 2017 ONSC 2211 (CanLII)
  • Dhawan v Shails Communication Inc. et al, 2016 ONSC 7743 (CanLII)
  • Dhawan v. Shails Communication Inc., 2016 CarswellOnt 20546
  • Bearsfield Developments Inc. v. McNabb, 2016 CarswellOnt 15843
  • Bearsfield Developments Inc. v. McNabb, 2013 ONSC 7063
  • Dr. John Oueis Dentistry Professional Corp. v. Falsetto [2013] CarswellOnt 119 (Ont. S.C.J.)
  • Ottawa (City) v. TKS Holding Inc., 2012 CarswellOnt 12240 (SC)
  • Canada v. Proulx, 2011 FC 1231 (CanLII); [2011] F.C.J. No. 1513 (Q.L.)
  • Tannis Trading Inc. (c.o.b. Tannis Food Distributors) v. Coldmatic Refrigeration of Canada Ltd. and Zafir [2010] OJ No. 5109 (Div'l Ct)
  • IKEA Properties Ltd. v. 6038212 Canada Inc. et al. 2010 CarswellOnt 5555
  • Kingston2000 Developments Ltd. v. Kingston (City), 2010 CarswellOnt 329
  • Muneeruddin v. Kanata 1075 March Road Project Inc. 2010 CarswellOnt 3523 (Ont. Sup Ct.)
  • Kingston Developments Ltd. v. Kingston (City)2009 CarswellOnt 3750
  • Russell (Township) v. Dalcon Enterprises Inc., 2009 CanLII 31597 (ON S.C.)
  • Kingston 2000 Developments Ltd. v. City of Kingston [2009] CarswellOnt 631
  • Good Life Corporation v. Hazeldean Properties Inc., 2008 ONCA 742 varying [2007] CanLII 55365 (ON S.C.)
  • Good Life Corporation v. Hazeldean Properties Inc. et al., 2007 CanLII 55365 (ON S.C.)
  • Kingston 2000 Developments Ltd. v. Kingston (City), 2007 CanLII 15801 (ON S.C.)
  • Tompkins Mews Inc. v. 1332334 Ontario Inc., 2006 CanLII 42589 (ON S.C.)
  • R v. J. Harris Environmental Mgt. Inc. [2006] CarswellOnt (1436)
  • Leeds Transit Sales Ltd. v. Ottawa (City), 2004 CanLII 31377 (ON S.C.)
  • Litemore Distributors (Ottawa) Ltd. v. W.C. Somers Electric Ltd., (2004), 73 O.R. (3rd) 228
  • Viner v. Poplar (2003) 38 B.L.R. (3d) 134 (ON S.C.)
  • Leeds Transit Sales v. City of Ottawa [2003] OJ 1650
  • Falcone v. Bullock [2003] OJ 1129
  • Glenview Management v. Axyn Canada Corp. [2003] OJ 124
  • KOM v. CIBC [2002] OJ 4192
  • 530432 Ontario Inc. v. Viner [2002] O.J. 56
  • Adga Systems Int'l v. Valcom, ( 2000) 51 O.R. xvii. denying leave to appeal from (1999).43 O.R. (3d) 101; 168 D.L.R. (4th) 351 (Ont. C.A.), following leave to appeal [1998] OJ 98,99 (C.A.) and rev'g 33 C.C.E.L. (2d) 135 (Div'l Ct)
  • Aghaipour v. National Bank of Canada [2001] S.C. C.A. 7 dismissing leave for [2000] OJ 4213 (C.A.) aff'g [2000] OJ 20 (H.C.)
  • Grant v. Kerr [2001] OJ 5162,5180
  • Musca v. LCBO [2000] OJ 1654 (Div'l Ct)
  • Tru-lite v. Minto Const. Lien Case Finder 37.62 (Div'l Ct)
  • Berezins 9 O.R. (3d) 181 (H.C.)
  • Marinaki v. Canada [2001] 215 F.T.R. 1920
  • Diotte v. Dequetteville and the Queen 54 F.T.R. 276 pursuant to Diotte v. Queen 134 N.R. 71 (F.C.A.) rev'g Diotte v. Canada 31 F.T.R. 185
  • Evenchick 3 O.R. (3d) 441; 5 C.B.R. (3d) 191 (H.C.)
  • Framelance Properties v. Dehan's Fashion Optical [2000] OJ 1746 (H.C.)
  • Minto v. Nuttall 107 D.L.R.(4th) 239;35 R.P.R. (2d) 11 (Ont. H.C.)
  • Musca Winery v. Ontario [2000] OJ 1654 (Div'l Ct)
  • O.K.W. Limited v. Filzmaier [2000] S.C.C.A. 20 refusing leave for [1999] OJ 4340 (C.A.)
  • Ottawa Air Design 40 C.L.R. 159 (Ont. H.C.)
  • Soloway, Wright v. Falconcrest 47 C.L.R. 307 (Ont. H.C.)
  • National Bank v. Royal Bank of Canada 36 O.R. (3d) 162
  • National Bank v. Royal Bank of Canada 44 O.R. (3d) 533 (C.A.)
  • National Bank v. Royal Bank of Canada [2000] OJ 5118 (C.A.)
  • National Bank v. Royal Bank of Canada [2000] OJ 4213 (C.A.)
  • National Bank v. Royal Bank of Canada [2000] OJ 2866 (C.A.)
  • National Bank v. Royal Bank of Canada [1998] OJ 143 (C.A.)
  • National Bank v. Royal Bank of Canada [2000] OJ 567 (H.C.)
  • National Bank of Canada v. Royal Bank of Canada ,[1998] OJ 143 (C.A.)
  • 595997 Ontario Inc. v. Macdonald Homes, 75 A.C.W.S. (3d) 1007 (Div'l Ct)
  • 519757 Ontario Inc. v. Nu-Globe Dev. [1996] O.T.C. 178 (H.C.)
  • Foster v. Chubb Insurance Co. , [1998] OJ 2283 (Div'l Ct)
  • Hamann v. Ottawa Car Sales-Rentals [1998] OJ 2767 (C.A.)
  • Anron Mechanical v. Valentori Construction 43 C.L.R. 220 (Ont HC)
  • 884772 Ontario Ltd v. Systemshouse 1993CarswellOnt 4054 (Ont HC)
  • Royal Bank v. S.G. Combustion Products et al 1991 CarswellOnt 1772 (CA)

Presentations

Elements of an Effective Fraud Risk Management Program
Best Practices in Dealing with Clients, Witnesses and Suspects
Importance of the MBA, CPA, and the Journey in Becoming a Construction Law and Certified Fraud Specialist
Prompt Payment & the Reynolds Report on Reforming the Ontario Construction Lien Act
An Evening With The Masters: How Construction Lien Law Has Developed (Program Chair)
What the Government Leadership Change Means for the Anti-Fraud Effort: Panel Discussion
Canadian Privacy Law and the Fraud Investigator
Big Data Analytics
Big Data Analystics and Big Money Fraud Litigation
Incorporating Digital Assets in Wills and the Impact on Estate Administration
TECHxpo 2.0: Law Practice Management and Sole, Small Firm and General Practice
Reversing the Priorities, Again - When Bankruptcy and Construction Collide - Round 2
Big Data Analytics and Big Money Litigation
The New Science of Fraud Investigations
New Developments in Case Resolution Under Canadian and American Law
7 Deadly Sins and the 6 Saintly Virtues of a Fraud Investigation
Proven Strategies for Creating Budgets and Managing Cash Flow
The New Science of Fraud Investigations
Digital asset estate planning - digitally departed
Insolvency and Construction
Guidance from the Supreme Court of Canada on Civil Fraud
Making Damage Claims Come Alive with a Forensic Accountant
Digital Assets
Enforcement of American Judgments in Canada, and Canadian Judgments in the United States
The Life Cycle of a Law Firm
Estate Planning and Digital Assets
Environmental law for the construction industry
Fraud Investigations
Witness preparation
Dealing with Digital Assets in Wills Drafting and Estates Administration
Global Organization of Parliamentarians Against Corruption
Construction 101 Seminar
Your Audit under the Microscope and the Spotlight
Bringing the latest technology solutions to the legal profession
The Corruption of Foreign Public Officials Act (CFPOA) and the Fight Against Fraud
Litigating Civil Fraud Claims
How to Work with Attorneys
From Theory to Practice – What do the anti-corruption rules mean for you and your clients – Case Studies
Investigating and Resolving Allegations of Conflict of Interest
Why Did the Nortel Prosecution Fail?
Dealing With Digital Assets in Will Drafting and Estates Administration
When Teraview Meets Construction Law and Other Nuts and Bolts
Analyzing the Nortel Decision: Experts analyze: why did the Nortel Prosecution fail?
Bidding Process Assessment- When is a Tender Not a Tender
Legal Issues and Remedies for Credit and Collections Professionals
Construction Lien Act
2013 Construction Law Program
Construction Liens and Bankruptcies for law clerks
Dealing With Digital Assets in Will Drafting and Estates Administration
Canada's New Tort of Privacy and Its Impact on Your Fraud Investigation
Combating the Dark Arts!
Where There's Smoke, There are Two Claims - and one of them may be against you!
Protecting Your Investigation from Target Reprisal
Understanding Environmental Regulations
Construction Tendering and Contracts
Detention, Arrest, Interviewing and Interrogation: Law and Practice
Combating the Dark Arts
The new Canadian Tort: Negligent investigation
Fighting Insurer Fraud - How to Persuade Judge or Jury to Award Substantial Punitive Damage
The Auditor's Role in the accumulation, preservation and presentation of Evidence
Preparing An Expert Witness for Court
Fighting Insurer Fraud

Publications

Fraud Overcomes All
The Vexatious Litigant in Construction Law
Letter: Key arguments missed in originial critique
Professional Fees and the Many Faces of Quantum Meruit
Riding an Unruly Horse at a Rodeo - How the Intersection of Construction and Insolvency Law led to One Wild Ride for Comstock
Big Data Analytics and Big Money Litigation
Transparent Arson Investigations: New Models to Prevent Rogue Investigations
A systemic approach to litigation
"Cavet bankers" - The bankers' new duty of care in the face of customer fraud
"The Karigar Sentence and the future of Anti-Corruption sentencing under the CFPOA"
Directors' Duties and Canada's Corruption of Foreign Public Officials Act
The Essential Guide to Settlement in Canada
Litigating Civil Fraud Harder Than it Looks
Do you Know What your Investigator is doing?—Lawyer Liability under the New Canadian Tort of Privacy
It is Swings and Roundabouts: A Classic Case of Construction Fraud
Directors' Duties and Canada's Corruption of Foreign Public Officials Act
Why Did the Nortel Prosecution Fail
Settlements in Construction Law Cases
Career Suicide-One Conference at a Time
Construction Fraud
Plus Ca Change--- Timeliness of Lien Settled by Use of New Summary Judgment Rule, Plus Ca Change…
Who is Investigating Your Investigator? in Todd Archibald et al, 2012
Summary Judgment and the right to set-off under the Construction Lien Act
CRA rebuked in Federal Court
Corporate Governance and Criminal Fraud: Would Conrad Black have been convicted in Canada?

News

McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
David Debenham interviewed by CBC News on Ottawa Hospital lawsuit
David Debenham interviewed by CBC News on PCL Constructors Canada fraud case
David Debenham successfully defends client in epic bid-rigging trial
Professional fees and the many faces of Quantum Meruit
Senator Mike Duffy's trial promises to be ‘one for the history books'
How e-commerce fraud-fighting firm Ethoca bounced back twice from the brink of extinction
David Debenham discusses Senator Mike Duffy's charges and trial with CTV News
David Debenham gives CRA reassessment advice on CBC News
McMillan's SCC Group helps secure important victory for lawyers
David Debenham comments on Law Society boosting compensation for victims of lawyer theft in Toronto Star
McMillan lawyers publish The Essential Guide to Settlement in Canada
David Debenham discusses Canadian internet fraud in Newmarket Era
David Debenham discusses corporate wrongdoing in Financier Worldwide
David Debenham discusses digital assets in Step Inside
David Debenham discusses anti-corruption and bribery in Financier Worldwide.com
David Debenham dicusses private investigators in Law Times

Education

  • MSc. - 2013
  • Certified Fraud Specialist - 2012
  • Osgoode Hall Law School, LLM (Taxation) - 2008
  • Diploma for Investigative and Forensic Accounting (D.I.F.A) - 2006
  • Forensic Investigator (C.F.I.) - 2005
  • Certified Fraud Examiner (C.F.E) - 2003
  • University of Ottawa, LLM - 2000
  • Certified Management Accountant (C.M.A.) - 1997
  • University of Ottawa, LLB - 1986
  • University of Ottawa, MBA - 1986

Year Of Call

  • Called to the Ontario bar - 1988

Practices

litigation
fraud law
restructuring and insolvency
competition and antitrust
anti-corruption and fraud
appellate advocacy
supreme court
construction
cybersecurity
government procurement

Industries

commercial real estate
manufacturing, distribution and retail
media, communications and entertainment
private equity - buyouts & venture capital investment
applied technology

Directorships and Professional Associations

  • Chartered Professional Accountants - Ontario (CPA) - Chair of Disciplinary Committee
  • Finance Team, Corporate Governance Transition Task Force
  • Treasurer of Business Torts section of American Trial Lawyers Association
  • Canadian Bar Association (CBA) - Secretary-Treasurer, National Law Practice Management and Technology Section 2010
  • Ontario Bar Association (OBA) – Co-Chair Law Practice Management Sections 2006
  • Ontario Bar Association (OBA) - Director, Construction Law Section Executive 2010
  • Canadian Bar Association (CBA) - Executive Member, National Construction Law Section
  • Ontario Trial Lawyers Association (OTLA)
  • American Bar Association (ABA)
  • American Trial Lawyers Association (AAJ)
  • Society of Management Accountants of Canada (SMAC) - Disciplinary Committee
  • Advocates Society
  • Association of Certified Fraud Examiners
  • Association of Certified Forensic Investigators
  • Associate of the Institute of Chartered Secretaries and Administrators (ACIS)
  • Association of Certified Fraud Specialists
  • LSUC Construction Law Specialist
  • American Institute of Certified Public Accountants

Teaching Engagements

  • Lecturer and Moot Trail Demonstration, Law Society of Upper Canada
  • Adjunct Professor, Rotman School of Management, University of Toronto
  • Adjunct Professor at University of Ottawa (commercial law 1997 - 2000)
  • Ottawa and Kingston Instructor, LSUC Bar Admission Course (civil litigation and business law, Phase III, Advocacy, Phase I)
  • Shared Lecturing of Civil Procedure, University of Ottawa Law School (1992)
  • Queens University Law School Moot Court Judge

Community Involvement

  • Vice-Chair of the Discipline Committee of the Society of Certified Management Accountants of Ontario
  • Director, Church Extension Committee of the Ottawa Presbytery of the United Church of Canada

Awards & Rankings

  • 2017 Laureate Award, Carlow University
  • Fraud Advisor of the Year in Canada - Finance Monthly FinTech Awards 2017
  • 2016 Fraud Advisor of the Year - Canada-Lawyer Monthly
  • Repeatedly listed in the Canadian Legal LEXPERT Directory as a leading practitioner in the area of Construction Law
  • Canada - Corporate Fraud Lawyer of the Year, ACQ Global Awards 2016
  • 2015 Leading Fraud Investigator - Wealth & Finance International
  • Competition & Antitrust Lawyer of the Year - Canada, Legal 2015 Awards, Corporate LiveWire
  • Rated – Distinguished by Martindale-Hubbell
  • 4.0 GPA in MSc. (2013)
  • Valedictorian – University of Toronto's Rotman School – Investigative and Forensic Accounting (2006)

Media Mentions

David Debenham has been asked to provide his expertise in numerous publications. David has been quoted or featured in articles including: 

vcard

David Debenham is "Rated-Distinguished" by Martindale-Hubbell, North America's pre-eminent lawyer peer review service. He is also listed in the Canadian Legal Lexpert Directory as a leading practitioner in the area of Construction Law. David is Co-Chair of our Supreme Court of Canada practice group. He is both a construction law specialist and a certified fraud specialist. He is the President of the Association of Certified Forensic Investigators of Canada. His 25 years as a trial lawyer, and his training as a management and forensic accountant, have given him a unique advantage in representing management, and their businesses, from inception to insolvency in all areas of commercial  and corporate litigation including: 

  • Public and Private procurement disputes before the CITT, Competition Bureau, and the Federal and the Ontario Courts
  • construction lien and breach of trust claims
  • fraud, breach of fiduciary duty and anti-corruption matters
  • shareholders' disputes and senior employee terminations
  • creditors' rights
  • real estate and commercial leasing litigation

David has a proven track record with his clients. One of his clients describes him here.

David Debenham, BA, MBA, J.D., LLM
 

  • Premier Dry Cleaning v Burnford, 2017 ONSC 2582 (CanLII)
  • 1168760 Ontario Inc. v 6706037 Canada Inc., 2017 ONSC 2211 (CanLII)
  • Dhawan v Shails Communication Inc. et al, 2016 ONSC 7743 (CanLII)
  • Dhawan v. Shails Communication Inc., 2016 CarswellOnt 20546
  • Bearsfield Developments Inc. v. McNabb, 2016 CarswellOnt 15843
  • Bearsfield Developments Inc. v. McNabb, 2013 ONSC 7063
  • Dr. John Oueis Dentistry Professional Corp. v. Falsetto [2013] CarswellOnt 119 (Ont. S.C.J.)
  • Ottawa (City) v. TKS Holding Inc., 2012 CarswellOnt 12240 (SC)
  • Canada v. Proulx, 2011 FC 1231 (CanLII); [2011] F.C.J. No. 1513 (Q.L.)
  • Tannis Trading Inc. (c.o.b. Tannis Food Distributors) v. Coldmatic Refrigeration of Canada Ltd. and Zafir [2010] OJ No. 5109 (Div'l Ct)
  • IKEA Properties Ltd. v. 6038212 Canada Inc. et al. 2010 CarswellOnt 5555
  • Kingston2000 Developments Ltd. v. Kingston (City), 2010 CarswellOnt 329
  • Muneeruddin v. Kanata 1075 March Road Project Inc. 2010 CarswellOnt 3523 (Ont. Sup Ct.)
  • Kingston Developments Ltd. v. Kingston (City)2009 CarswellOnt 3750
  • Russell (Township) v. Dalcon Enterprises Inc., 2009 CanLII 31597 (ON S.C.)
  • Kingston 2000 Developments Ltd. v. City of Kingston [2009] CarswellOnt 631
  • Good Life Corporation v. Hazeldean Properties Inc., 2008 ONCA 742 varying [2007] CanLII 55365 (ON S.C.)
  • Good Life Corporation v. Hazeldean Properties Inc. et al., 2007 CanLII 55365 (ON S.C.)
  • Kingston 2000 Developments Ltd. v. Kingston (City), 2007 CanLII 15801 (ON S.C.)
  • Tompkins Mews Inc. v. 1332334 Ontario Inc., 2006 CanLII 42589 (ON S.C.)
  • R v. J. Harris Environmental Mgt. Inc. [2006] CarswellOnt (1436)
  • Leeds Transit Sales Ltd. v. Ottawa (City), 2004 CanLII 31377 (ON S.C.)
  • Litemore Distributors (Ottawa) Ltd. v. W.C. Somers Electric Ltd., (2004), 73 O.R. (3rd) 228
  • Viner v. Poplar (2003) 38 B.L.R. (3d) 134 (ON S.C.)
  • Leeds Transit Sales v. City of Ottawa [2003] OJ 1650
  • Falcone v. Bullock [2003] OJ 1129
  • Glenview Management v. Axyn Canada Corp. [2003] OJ 124
  • KOM v. CIBC [2002] OJ 4192
  • 530432 Ontario Inc. v. Viner [2002] O.J. 56
  • Adga Systems Int'l v. Valcom, ( 2000) 51 O.R. xvii. denying leave to appeal from (1999).43 O.R. (3d) 101; 168 D.L.R. (4th) 351 (Ont. C.A.), following leave to appeal [1998] OJ 98,99 (C.A.) and rev'g 33 C.C.E.L. (2d) 135 (Div'l Ct)
  • Aghaipour v. National Bank of Canada [2001] S.C. C.A. 7 dismissing leave for [2000] OJ 4213 (C.A.) aff'g [2000] OJ 20 (H.C.)
  • Grant v. Kerr [2001] OJ 5162,5180
  • Musca v. LCBO [2000] OJ 1654 (Div'l Ct)
  • Tru-lite v. Minto Const. Lien Case Finder 37.62 (Div'l Ct)
  • Berezins 9 O.R. (3d) 181 (H.C.)
  • Marinaki v. Canada [2001] 215 F.T.R. 1920
  • Diotte v. Dequetteville and the Queen 54 F.T.R. 276 pursuant to Diotte v. Queen 134 N.R. 71 (F.C.A.) rev'g Diotte v. Canada 31 F.T.R. 185
  • Evenchick 3 O.R. (3d) 441; 5 C.B.R. (3d) 191 (H.C.)
  • Framelance Properties v. Dehan's Fashion Optical [2000] OJ 1746 (H.C.)
  • Minto v. Nuttall 107 D.L.R.(4th) 239;35 R.P.R. (2d) 11 (Ont. H.C.)
  • Musca Winery v. Ontario [2000] OJ 1654 (Div'l Ct)
  • O.K.W. Limited v. Filzmaier [2000] S.C.C.A. 20 refusing leave for [1999] OJ 4340 (C.A.)
  • Ottawa Air Design 40 C.L.R. 159 (Ont. H.C.)
  • Soloway, Wright v. Falconcrest 47 C.L.R. 307 (Ont. H.C.)
  • National Bank v. Royal Bank of Canada 36 O.R. (3d) 162
  • National Bank v. Royal Bank of Canada 44 O.R. (3d) 533 (C.A.)
  • National Bank v. Royal Bank of Canada [2000] OJ 5118 (C.A.)
  • National Bank v. Royal Bank of Canada [2000] OJ 4213 (C.A.)
  • National Bank v. Royal Bank of Canada [2000] OJ 2866 (C.A.)
  • National Bank v. Royal Bank of Canada [1998] OJ 143 (C.A.)
  • National Bank v. Royal Bank of Canada [2000] OJ 567 (H.C.)
  • National Bank of Canada v. Royal Bank of Canada ,[1998] OJ 143 (C.A.)
  • 595997 Ontario Inc. v. Macdonald Homes, 75 A.C.W.S. (3d) 1007 (Div'l Ct)
  • 519757 Ontario Inc. v. Nu-Globe Dev. [1996] O.T.C. 178 (H.C.)
  • Foster v. Chubb Insurance Co. , [1998] OJ 2283 (Div'l Ct)
  • Hamann v. Ottawa Car Sales-Rentals [1998] OJ 2767 (C.A.)
  • Anron Mechanical v. Valentori Construction 43 C.L.R. 220 (Ont HC)
  • 884772 Ontario Ltd v. Systemshouse 1993CarswellOnt 4054 (Ont HC)
  • Royal Bank v. S.G. Combustion Products et al 1991 CarswellOnt 1772 (CA)
April 2017
SNC Lavalin Prosecution Founders on Lack of Admissible Evidence—No Tipping Allowed

Association of Certified Forensic Investigators of Canada

January 2017
Creditor Proofing No Refuge for Fraudsters

Association of Certified Forensic Investigators of Canada

October 16, 2016
Fraud Overcomes All

Fraud Law Bulletin
Lexology

May 31, 2016
The Vexatious Litigant in Construction Law
Ontario Bar Association
May 2016
Capital Punishment and Punishment in Capitals: the Problem of White Collar Crime in Canada
Association of Certified Forensic Investigators of Canada
February 2016
‘Embedded' – a new approach to corporate fraud
Financier Worldwide Magazine
2015
Working with Lawyers on a Fraud Investigation
Assocation of Certified Forensic Investigators of Canada
September 7, 2015
Letter: Key arguments missed in originial critique
May 2015
Professional Fees and the Many Faces of Quantum Meruit
Commercial Litigation and Arbitration Review, Vol. 4, No. 2
April 2015
Riding an Unruly Horse at a Rodeo - How the Intersection of Construction and Insolvency Law led to One Wild Ride for Comstock
38 Construction Law Reports (4th) 37
January 2015
Big Data Analytics and Big Money Litigation
Risk & Compliance Magazine
November 2014
Transparent Arson Investigations: New Models to Prevent Rogue Investigations
The Advocates' Quarterly, Vol. 43, Number 3
Fall 2014
Litigation Frostbite North of the Border
American Association of Justice - Business Torts Newsletter
Summer 2014
A systemic approach to litigation
Advocates Journal 12
June 2014
"Cavet bankers" - The bankers' new duty of care in the face of customer fraud
National Banking Law Review - Volume 3, Number 33
June 2014
Provincial rules apply to federal workers' compensation claims
Perspectives, CBA National Labour and Employment Law Section Newsletter
May 2014
What you say at mediation could come back to haunt you
Civil Writes - CBA National Civil Litigation Section Newsletter
December 2013
The Essential Guide to Settlement in Canada
LexisNexis Canada
October 2013
Stand By the Brand

ACFI News to Note

August 14, 2013
Litigating Civil Fraud Harder Than it Looks
Co-authored by D. Debenham and M. Mohamed, Lawyers' Weekly, v. 33 #14
June 2013
All that Glitters is Not Gold
ACFI News Flash
May 2013
Do you Know What your Investigator is doing?—Lawyer Liability under the New Canadian Tort of Privacy
100 # 1 C.CL.T.140 (2013)
May 2013
It is Swings and Roundabouts: A Classic Case of Construction Fraud
Construction Law Letter, Vol. 29 #5 (May-June, 2013)
May 24, 2013
Directors' Duties and Canada's Corruption of Foreign Public Officials Act
The Canadian Bar Association
February 2013
Construction Fraud
Construction Law - Hot Topics, Tips and Tactics to Build Your Construction Law Toolkit
Ontario Bar Associations Institute 2013
February 2013
Plus Ca Change - Timelines of Lien Settled by Use of New Summary Judgment Rule
OBA Construction Law Section, Nuts and Bolts, Vol. 27, No.2
February 2013
Sheltering and Saving an "Expired" Lien
OBA Construction Law Section, Nuts and Bolts, Vol. 27, No.2
February 2013
Breach of the Construction Trust Provisions and the "New" Limitations Act
OBA Construction Law Section, Nuts and Bolts, Vol. 27, No.2
2013
Why Did the Nortel Prosecution Fail
C.R. (6th) 298
2013
Settlements in Construction Law Cases
Co-author, The Essential Guide to Settlement in Canada (Bathgate & McPherson eds)
October 2012
Career Suicide-One Conference at a Time
ACFE Toronto Newsletter
October 2012
Construction Fraud
14 C.L.R. (4th) 1
September 2012
The Myth of Chain of Custody
ACFI - News to Note
February 14, 2012
Plus Ca Change--- Timeliness of Lien Settled by Use of New Summary Judgment Rule, Plus Ca Change…
Ontario Bar Association
2012
Who is Investigating Your Investigator? in Todd Archibald et al, 2012
Annual Review of Litigation 351, cited in Annotation to Henry v. A.G.B.C. 2014 CarswellBC 100 (C.A.)
December 2011
Digital Assets – Digital Legacy: The Next Frontier - A Step Inside Study
Step Inside - Newsletter of the Society of Trusts and Estate Practioners Canada
November 2011
Summary Judgment and the right to set-off under the Construction Lien Act
OBA Nuts and Bolts, Vol. 26, No.1
October 2011
CRA rebuked in Federal Court
Case comment
September 2011
Corporate Governance and Criminal Fraud: Would Conrad Black have been convicted in Canada?
News Flash! ACFI News
August 2011
Working with Lawyers on a Fraud Investigation
Association of Certified Forensic Investigators of Canada
May 17, 2017
Elements of an Effective Fraud Risk Management Program
Infonex, Public Sector Internal Controls, Ottawa, Ontario
May 2, 2017
Best Practices in Dealing with Clients, Witnesses and Suspects
ACFI Annual Fraud Conference, Toronto, Ontario
March 2017
Importance of the MBA, CPA, and the Journey in Becoming a Construction Law and Certified Fraud Specialist
University of Ottawa's Telfer School of Management's Annual Convention of the Accounting Club, Ottawa, Ontario
November 18, 2016
Prompt Payment & the Reynolds Report on Reforming the Ontario Construction Lien Act
Construction Industry Forum, Ottawa Construction Association, Ottawa, Ontario
November 2016
An Evening With The Masters: How Construction Lien Law Has Developed (Program Chair)
The Canadian Bar Association, Toronto, Ontario
September 14, 2016
What the Government Leadership Change Means for the Anti-Fraud Effort: Panel Discussion
Fraud Conference Canada - Association of Certified Fraud Examiners, Montreal, Quebec
September 12, 2016
Canadian Privacy Law and the Fraud Investigator
Fraud Conference Canada - Association of Certified Fraud Examiners, Montreal, Quebec
July 25, 2016
Big Data Analytics
American Association for Justice 2016 Annual Convention, Los Angeles, California
June 2016
Big Data Analystics and Big Money Fraud Litigation
27th Annual ACFE Global Fraud Conference, Las Vegas, NV
June 2016
Environmental Law for the Construction Industry
Ottawa Construction Association, Webinar
December 8, 2015
Incorporating Digital Assets in Wills and the Impact on Estate Administration
The Canadian's Institutes Trusts & Estates Forum, Calgary, Alberta
November 13, 2015
TECHxpo 2.0: Law Practice Management and Sole, Small Firm and General Practice
Ontario Bar Association, Toronto, Ontario
October 22, 2015
Reversing the Priorities, Again - When Bankruptcy and Construction Collide - Round 2
The Advocates' Society - Construction Law, Teleseminar
September 29, 2015
Big Data Analytics and Big Money Litigation
Information Security Media Group (ISMG) Fraud Summit, Toronto
September 22, 2015
The New Science of Fraud Investigations
ACFE Toronto Fraud Forum
September 15, 2015
Mobility and Big Data: Revolutionizing Financial Institutions
ISMG Fraud Summit , San Francisco, CA
August 31, 2015
Big Data Analytics and Big Money Fraud Litigation
ACFR Canadian Fraud Conference
Toronto Fraud Summit 2015, Ottawa, ON
July 13, 2015
New Developments in Case Resolution Under Canadian and American Law
American Trial Lawyers Association's National Conference, Montreal
May 5, 2015
7 Deadly Sins and the 6 Saintly Virtues of a Fraud Investigation
Key Note Speaker, 17th Annual Convention of the Association of Certified Forensic Investigators of Canada, Toronto
February 6, 2015
Proven Strategies for Creating Budgets and Managing Cash Flow
Co-chair and Presenter, OBA Institute 2015 - The Business of Law, Toronto
December 9, 2014
The New Science of Fraud Investigations
ACFE 17th Annual Fraud Professionals' Conference, Ottawa
October 16, 2014
Digital asset estate planning - digitally departed
STEP Canada, Edmonton, AB
September 20, 2014
Insolvency and Construction
Panelist, 2014 National Construction Law Conference - Building for the Future, Toronto Board of Trade, Toronto, ON
September 8, 2014
Guidance from the Supreme Court of Canada on Civil Fraud
Association of Certified Fraud Examiners' Canadian National Conference
July 28, 2014
Making Damage Claims Come Alive with a Forensic Accountant
2014 AAJ Annual Convention, Baltimore, MD
June 16, 2014
Digital Assets
STEP's 16th Annual Conference
February 24, 2014
Enforcement of American Judgments in Canada, and Canadian Judgments in the United States
Webinar, Commons Institute, Ottawa
February 6, 2014
The Life Cycle of a Law Firm
Co-Chair, Ontario Bar Institute, Law Practice Management Section, Toronto
February 6, 2014
Estate Planning and Digital Assets
Speaker, Ontario Bar Institute, Trusts & Estates Section, Toronto
January 17, 2014
Environmental law for the construction industry
Ottawa Construction Association, Ottawa
November 7, 2013
Fraud Investigations
Key Note Speaker, Oklahoma Statewide Annuaal ACFE Seminar, Oklahoma City
October 22, 2013
Witness preparation
16th Annual Fraud Professionals' Conference, Ottawa
October 22, 2013
Dealing with Digital Assets in Wills Drafting and Estates Administration
Financial Planning Issues for Small Business Owners, Advocis, Ottawa
October 9, 2013
Global Organization of Parliamentarians Against Corruption
Canadian Anti-Corruption and Pro-Transparency Gathering - 9th National Meeting, (as part of Canadian Bar Association's Anti-Corruption Team), Centre Block, Parliament Building, Ottawa
October 3, 2013
Construction 101 Seminar
Ottawa Construction Association, Ottawa
October 1, 2013
Your Audit under the Microscope and the Spotlight
Institute of Internal Auditors of Canada, 2013 National Convention, Winnipeg
September 20, 2013
Bringing the latest technology solutions to the legal profession
Co-Chair of the Ontario Bar Association's Inaugural TECHxpo, Toronto
September 11, 2013
The Corruption of Foreign Public Officials Act (CFPOA) and the Fight Against Fraud
Panellist, ACFE National Conference - Closing General Session, Montreal
August 20, 2013
Litigating Civil Fraud Claims
Co-presenter with Munaf Mohamed of Bennett Jones, Canadian Bar Association National Convention
June 24, 2013
How to Work with Attorneys
24th Annual ACFE Global Conference, Las Vegas, NV
June 7, 2013
From Theory to Practice – What do the anti-corruption rules mean for you and your clients – Case Studies
Panelist, CBA Annual International Law Conference, Ottawa
May 6, 2013
Investigating and Resolving Allegations of Conflict of Interest
ACFI Annual Conference, Toronto
May 5, 2013
Why Did the Nortel Prosecution Fail?
Diploma in Investigative & Forensic Accounting Program: DIFA Forum - Analyzing the Nortel Decision, University of Toronto
May 3, 2013
Dealing With Digital Assets in Will Drafting and Estates Administration
Annual CCLA Solicitors' conference, Montebello, Quebec
April 26, 2013
When Teraview Meets Construction Law and Other Nuts and Bolts
Co-Chair and Presenter, OBA Construction Section conference, Toronto
April 25, 2013
Analyzing the Nortel Decision: Experts analyze: why did the Nortel Prosecution fail?
Panelist, Rotman School of the University of Toronto, Toronto, ON
April 17, 2013
Bidding Process Assessment- When is a Tender Not a Tender
4th Bidding and Tendering in the Public Sector Course, Federated Press, Toronto
April 2013
Legal Issues and Remedies for Credit and Collections Professionals
4th Annual Conference on Credit and Collections for Utilities-Canada, Ottawa, National Arts Centre, EUCI
March 22, 2013
Construction Lien Act
Ottawa Construction Assn Seminar, Ottawa
February 7, 2013
2013 Construction Law Program
Co-Chair and Speaker, OBA Institute, Toronto, ON
November 21, 2012
Construction Liens and Bankruptcies for law clerks
Ottawa Association of Law Clerks, Ottawa, ON
November 15, 2012
Dealing With Digital Assets in Will Drafting and Estates Administration
Law Society of Upper Canada's 15th Annual Estate and Trusts Summit, Toronto, ON
October 28, 2012
Canada's New Tort of Privacy and Its Impact on Your Fraud Investigation
2012 ACFE Canadian National Conference, Ottawa, ON
October 23, 2012
Combating the Dark Arts!
2012 CICA-IFA Investigative and Forensic Accounting National Conference, Metro Toronto Convention Centre, Toronto, ON
September 20, 2012
Where There's Smoke, There are Two Claims - and one of them may be against you!
ACFE - Annual Toronto Fraud Forum, Thornhill, ON
June 17, 2012
Protecting Your Investigation from Target Reprisal
23rd Annual ACFE Fraud Conference, Orlando, FL
March 2012
Understanding Environmental Regulations
Ontario Society of Professional Engineers, Ottawa, ON
March 9, 2012
Construction Tendering and Contracts
Presentation, Ottawa Construction Association, 196 Bronson Avenue, Ottawa, ON
December 2011
Detention, Arrest, Interviewing and Interrogation: Law and Practice
York University Conference
November 2011
Combating the Dark Arts
17th Annual ACFE National Canadian Fraud Conference
October 19, 2011
The new Canadian Tort: Negligent investigation
14th Annual 1 Day Fraud Conference, Association of Certified Fraud Examiners, Ottawa Chapter
October 2011
Fighting Insurer Fraud - How to Persuade Judge or Jury to Award Substantial Punitive Damage
OTLA Fall Conference
September 2011
The Auditor's Role in the accumulation, preservation and presentation of Evidence
IIA 2011 National Conference , Institute of Internal Auditors (Toronto)
September 2011
Preparing An Expert Witness for Court
ACFE Toronto Annual Conference, (Association of Certified Fraud Examiners), Toronto
July 10, 2011
Fighting Insurer Fraud
AAJ Annual Convention, Manhattan, NY