Any false accusation of fraud is a very serious thing. There have always been negative costs consequences on litigants who unsuccessfully make allegations of fraud. However, in the last few years, there has been an evolution in the jurisprudence relating to potential liability on investigators and police officers for negligent investigation, both in civil and criminal matters. This presentation will explore this new law relating to “negligent investigation” and will provide a road map as to how to understand the potential exposure, and how to navigate any areas of concern. Special consideration will be given to the differences between a “negligent” investigation on the one hand, and the poor or unprofessional investigation on the other hand. As always, questions from the floor will be welcomed.
Reid Lester is a partner at Laishley Reed LLP. Mr. Lester practices in the areas of commercial fraud, banking and bills of exchange, insurance and especially fidelity and professional liability, and all forms of recovery actions. He has extensive experience in:
- fidelity insurance matters (both 3D and FIB) with respect to coverage issues, claims, recovery actions, and the drafting and design of bonds and policies
- commercial fraud matters relating to advice to both insurers and financial institutions in fraud-related claims, subrogation and recovery claims, including Mareva injunction motions and other related orders
- advising financial institutions on banking operations, account agreements, bills of exchange issues, breach of trust matters, and Canadian Payment Association clearing rules issues
- liability and property insurance matters with respect to coverage issues, defending liability actions and asserting subrogation claims
Mr. Lester is a frequent presenter at industry conferences and seminars in the areas of commercial fraud, banking litigation issues and fidelity insurance bonds.
He articled and worked at a large national firm in the early 1990s before moving to an insurance boutique firm where he practised for over 10 years. Prior to joining Laishley Reed LLP in 2007, he spent a further three years as a partner at another large national firm. Mr. Lester was called to the Ontario bar in 1990.
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