The recent decision of Justice James Spence in Isofoton S.A. v. The Toronto-Dominion Bank should be of interest to anyone who suspects they may have been the victim of fraud. In that case, Justice Spence granted a Norwich order to obtain the banking records of a party suspected of defrauding the applicant of over $3 million. The unique nature of the disclosure order was that it was directed not to the alleged fraudster, but to the fraudster’s bank. The disclosure order was made to assist the applicant in investigating the fraud and determining what happened to its funds.
The article also illustrates the need for due diligence research prior to entering into an agreement with a previously unknown supplier. Once the victim realised that the supplier was not acting in good faith, they hired a PI who determined that the the supplier was a company without the assets necessary to deliver the contracted goods.