The Asset Tracing and Recovery Review (5th Edition) - Canada Chapter
The Canadian legal system provides a range of options for victims of fraudulent conduct. The causes of action and remedies available to victims arise under statute, at common law and in equity. They include personal and proprietary claims, the latter of which may involve tracing.
Canadian courts will assist foreign courts and arbitral tribunals if victims of fraud choose to pursue their claims in other jurisdictions. Once a foreign judgment or award is rendered, Canadian courts will rarely refuse an application to enforce. It may also be possible to freeze a defendant’s assets in Canada pending recognition and enforcement proceedings.
Canada is a federal state comprising 10 provinces and three territories, and lawmaking power is divided among the federal and provincial governments. In any dispute, one or more of several bodies of substantive and procedural law may apply to a particular issue, including the tracing of assets. With the exception of Quebec, all of the provinces have legal systems based on English common law.