Can the evidence of fraud and dissipation of assets be inferred together?
Ontario, Canada
The following excerpt is from Sibley & Associates LP v. Ross, 2011 ONSC 2951 (CanLII):
In Gateway Internet Solutions Inc. v. Gonsalves, [2007] O.J. No. 2114, 157 A.C.W.S. (3d) 633 (S.C.J.), Lederer J. suggested that the conclusion in Brown v. Brewin could be interpreted as meaning that the evidence of fraud in a particular case, could, on its own, give rise to an inference of dissipation of assets, at para. 29: [T]here may be cases where the fraud is so egregious and the theft so obvious that, on its own, the presence of fraud will infer dissipation of the defendant's assets. The circumstances of this case do not justify that determination.
Lederer J. also concluded, based on the observation of Estey J. in Aetna v. Feigelman, that the "fraud exception" could also be available, but held that a strong prima facie case was not present.
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