Criminal Fraud vs. Civil Fraud - What Are The Differences?

The primary difference in a civil fraud case compared to a criminal fraud case is the party seeking remedy for damages. In other words, if a private Canadian citizen is seeking to get compensation after being the victim of fraud, that would be a civil case. If the Canadian government itself is attempting to enact punitive measures against an individual who committed fraud, that is considered a criminal case.

There are standard elements for both criminal and civil fraud cases that will be discussed further on.

Criminal Fraud

The legal definition of criminal fraud is located in section 380 of the Criminal Code of Canada. In summary, if a person uses deception by any means in order to further enrich themselves, they may be charged with an indictable offence.

Criminal fraud investigations require gathering extensive evidence because law enforcement must prove the defendant knew about the deception. They must also prove that the fraud was intentional and that victims lost items of value such as money, property, or any other valuable security.

There are a variety of aggravating factors that can worsen, or lessen, the severity of the charges. Some of those factors include the following:

  1. The length and complexity of the fraudulent activity.
  2. Whether the fraudulent activity affected the Canadian economy.
  3. The number of victims involved.
  4. Any positions of power the defendant may have exploited in order to commit fraud.
  5. Whether records were destroyed or obstructed
  6. Whether the defendant complied with licensing requirements regarding their profession.

Lastly, the punishment is greater for criminal fraud if the value of the items or money gained by the defendant is greater than $5,000. If it is below this threshold amount, the punishment will be less.

Types of Criminal Fraud

The Canadian interpretation of criminal fraud is vast and can cover a variety of situations. There are also additional types of charges for individuals who defraud the stock market, use mail to defraud victims, conceal documents, commit fraudulent real estate transactions, and more. The violation contained in S. 380 serves to cover fraudulent acts in general.

Some of those acts may involve running a business in which the owner is intentionally selling a faulty product but is advertising it as functional. In this circumstance, the owner is aware of the faulty item and is selling it to customers, thus depriving them of their money for an item that he knows will not work.

Other types of fraud include acts of embezzlement, identity theft, tax fraud, and more.

Civil Fraud

As previously mentioned, civil fraud charges take place between two individuals, as opposed to the Canadian government vs. an individual. In civil fraud cases, a victim must prove that the defendant caused economic or non-economic harm to a court.

In civil court, the burden of proof is on the victim, also known as the plaintiff, to prove to the court beyond a reasonable doubt that the fraud occurred. The difference compared to a criminal case is that the Canadian government must meet the burden of proof instead of the victim. There are four elements in a civil fraud case that must be proven:

  1. A false representation was made by the defendant.
  2. The defendant had some knowledge of the false representation, through recklessness or knowledge.
  3. The false representation caused the plaintiff to act.
  4. The plaintiff’s action resulted in an injury or loss.

These four elements were developed from an old supreme court case called Bruno Appliance and Furniture Inc. v Hyrniak, 2014 SCC 8.

If a plaintiff prevails in a civil fraud case, the defendant will be required to pay back restitution. This may come in the form of economic and non-economic damages. This means that the economic damages could cover things such as loss of income, loss of property, and other financial assets. Non-economic damages cover things such as pain and suffering; for example, if the plaintiff endured significant stress after losing their life savings or their property, this could be taken into consideration by the court.

Types of Civil Fraud

Civil fraud can take on various forms. It can involve investment schemes, Ponzi schemes, predatory marriage, false invoices, telephone scams, bank account fraud, and many other forms.

It is common for plaintiffs to claim the injury of civil fraud in most cases where they were the victim of deception. If they were the victim of deception and they acted based on what they believed, they may be able to pursue their case in civil court. One of the bigger challenges for plaintiffs in civil cases is proving that the defendant had knowledge of the false representation.

In order to gather this evidence, fraud lawyers will know what type of evidence to seek during the discovery phase. They will also ask the right questions during depositions and cross-examinations. More complex cases may warrant hiring a forensic analyst or accountant to review the evidence.

What Is The Difference Between Civil Fraud and Criminal Fraud?

The important difference in these cases is that conviction of a criminal case can result in probation, jail time, negative publicity, paying restitution and lifelong collateral consequences. Criminal cases are also brought forth by the Canadian government as an entity. In other words, the criminal fraud was damaging enough for a society that the Canadian government believes it must intervene in order to ensure justice is brought upon the defendant.

Civil cases are often quieter incidents with fewer witnesses and victims. These smaller cases are handled with less publicity, as well. The most important difference is that the incident may not be considered illegal, and the defendant will not face criminal consequences. Additionally, civil cases in which the plaintiff prevails will result in the defendant paying restitution for economic and non-economic damages.

Contact Vilkhov Law

If you are facing fraud charges, it is a good idea to contact an experienced fraud lawyer. The offices of Vilkhov Law have experience in litigating both civil and criminal cases, and we stand ready to provide you with a consultation to discuss your options.

If you need legal support, contact Vilkhov Law for a free consultation:

Criminal Lawyers in Toronto
Criminal Lawyers in Etobicoke
Criminal Lawyers in Scarborough
Criminal Lawyers in Newmarket
Criminal Lawyers in Brampton
Criminal Lawyers in Mississauga

By |2023-10-18T19:12:36+00:00October 25th, 2021|Fraud|

4/5 - (2 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 110 reviews fromNorbert WysockiNorbert Wysocki ★★★★★ Igor and his team provided excellent service in very delicate and emotional case. They were extremely supporting and knowledgeable. Thank you for everything you have done!Jason WorthJason Worth ★★★★★ Words cannot describe what Igor has done for me. Igor is the most skilled and amazing attorney I have ever met in my entire life. I had a long list of charges (some that carried some serious penitentiary time) and worked some serious magic with countless hours behind the scenes for me to make just 1 appearance and have ALL THE CHARGES WITHDRAWN and a peace bond put in place. The timeframe for it was amazing as well he took care of me and this situation in only 15 months! (we all know the justice system does not work that fast normally!) If you want a very highly skilled, passionate, available(Igor would take calls and messages even after normal hours to fill me in!), experienced and dedicated attorney that will work tirelssly with you and for you to get you the absolute best results then Igor is your man! 5 stars does not do this man justice he deserves 100 stars!N AlyN Aly ★★★★★ Great lawyer. Knowledgeable and helpful. 10/10 would recommend :)GLORIS SPENCEGLORIS SPENCE ★★★★★ Working with Igor and his team during a very unpleasant situation has been a blessing. Even though the legal process was a lengthy one, they were there to answer the questions and concerns we had.Thankfully, it's all over and settled and hopefully we'll not need his services again, but it is reassuring to know that if the situation should every arise where legal counsel is needed, Vilkhov Law Professional will be there in my corner.Thank you.Scott K.Scott K. ★★★★★ I would like to give Igor 5 stars for handling my serious case for the last 11 months of my life. In December 2022, I was wrongfully accused of 2 serious charges under my name however, Igor took care of it from the beginning and finally all of those wrongful charges are withdrawn and now I feel much better and at ease. I am very glad that Igor could help me throughout the hard process and bring out the best result possible! Also, what I want to pinpoint out for the most is that he picks up the call by himself and you get to contact directly with him whenever you have questions or want updates throughout the process. I know that it could be tiring for lawyers who have other clients at the moment but Igor always keep a close contact with his client and I was always able to talk to him directly when I needed for the last 11 months. At last, I wish all the best for Igor and hope that god blesses throughout his career and may he be able to offer his professionalism to help other people in need. Thank you Igor :)SAID ALISAID ALI ★★★★★ Igor is an exceptional lawyer! I am very thankful for his excellent professional legal advice and assistance, he was able to drop my S.A charges. Thank you Igor for everything you've done, I really appreciate your services.M AlyM Aly ★★★★★ I was charged with SA, which rarely ever get dropped and generally always go to trial. Igor Vilkhov was able to get my charges fully withdrawn with no consequences or harm to me.Every lawyer I spoke with quoted me astronomical fees and explained how they would have to jump through hoops and perform ‘legal gymnastics’ to help me. Igor was the only lawyer who gave me a fair and realistic fee structure. He walked me through what the process would look like and gave realistic expectations. It was clear from the start he knew what he was doing and that his experience was significant. Throughout the process he provided regular updates and was always reachable. If you’re charged, I highly recommend at least speaking with Igor before making a decision on an attorney.Melissa HinrichsenMelissa Hinrichsen ★★★★★ Igor was amazing to deal with. His response time was amazing compared to others. He knew what I needed and got the job done. I highly recommend to everyone.NicoleNicole ★★★★★ Very kind and helpfulDevere SDevere S ★★★★★ Mr.Vilkhov is a professional and very good lawyer, goes through everyrhing to make sure it gets dealt with properly, He replies fast if you have questions or anything as well, along with his staff Jessica she was a big help as well.Jessica Gavrikov-ZinchenkoJessica Gavrikov-Zinchenko ★★★★★ Igor Vilkhov is a one-of-a-kind lawyer, his skills truly exceed expectations. He is incredibly diligent and has a passion for ensuring that his clients receive the best possible representation. Additionally, he has a wonderful team behind him, ensuring that his business operations and client relations are running smoothly.Saira JawaidSaira Jawaid ★★★★★ Igor is a good friend and colleague of mine that has helped me tremendously in my legal profession. I can always rely on him for any legal related questions. I’ve personally worked with him and I can say with confidence he is a hard working, dedicated, result focused lawyer. Keep up the hard work!Daniel SlobodkinDaniel Slobodkin ★★★★★ I have known Mr. Vilkhov in a professional and personal capacity for several years. Mr. Vilkhov is a well-respected and devoted criminal lawyer who prioritizes the success and livelihood of his clients. Mr. Vilkhov goes out of his way and makes time, at all times of day, to tend to the needs of his clients. Mr. Vilkhov is a diligent lawyer I would recommend to anyone dealing with a criminal matter. Well-spoken, confident, methodical and professional are qualities that only begin to scratch the surface of Mr. Vilkhov's criminal law practice and his character at whole.mike cookmike cook ★★★★★ I can’t say enough good things about my experience with Mr. vilkhov he truly takes pride in his work and did his absolute best to work on my case and get me the best deal I would recommend him to everyone. Hiring Mr .vilkhow will be the best decision for anyone to make he’s truly amazing at what he does .Amina HuseynovaAmina Huseynova ★★★★★ I've known Igor professionally for a long time, one of the most dedicated criminal lawyers I have met. He gets amazing results for his clients and I would recommend anyone who is looking to hire him.maddy mmaddy m ★★★★★ I am international student in Canada, six months ago I was falsely accused of SA and I was charged. I had never dealt with all this in my life and I started looking for a lawyer. I spoke too more than 50 lawyers all over ontario and every lawyer I spoke to tried to scare me and told me that I am a dead meat here and this thing is definitely going to trial and were only interested in talking about their fees. Mr Vilkhov patiently heard my case and told me that there is a high possibility of getting the case withdrawn . He was straightforward and honest. He convinced me after one call that he is the right lawyer for me to retain. He charged a very reasonable fee which he let me pay in installments. He kept me well informed about my case in every stage. Mr. Vilkhov and Daniel from his team were my constant support. Every message and every phone call was answered.Mr Vilkhov got the charges withdrawn!!! My case was in a jurisdictions were cases like these never get withdrawn. But Mr. Vilkhov gave his best and got the charges withdrawn without any conditions. I cannot thank Vilkhov law professional for giving my life back! Mr. Vilkhov is very knowledgeable and he is the lawyer you need by your side when you need it the most! He wins when you need it the most! Thank you Vilkhov law corporation!Jay ModiJay Modi ★★★★★ Igor and his team exceeded my expectations, efficiently getting all charges dropped in my case. His timely responses, coupled with Daniel's eloquence, made for an exceptional first-time experience with a lawyer. They provided a unique blend of empathy and straightforwardness that instilled confidence throughout the legal process. Highly recommendable for anyone in need of a criminal justice lawyer.Naqib PopalNaqib Popal ★★★★★ I just left Brampton courthouse. I was acquitted of 11 charges after a long trial. Igor Vilkhov absolutely killed it during the entire trial. If it wasn’t for him, I would be going to jail. Thank you so much for your work, you ensured the truth came out. Thank you, you got me my life back.Chad AllanChad Allan ★★★★★ Igor got me an amazing deal, he was always communicating with me and updating me about my case, he got me the deal of a lifetime and I can’t him enough. If you are reading this and you are thinking about who to hire, just call him, he is the right lawyer for you.Jamie LewisJamie Lewis ★★★★★ If you need a lawyer who is actually going to work for you, and get results go with Igor at Vilkhov Law. He was very patient and understanding and knows his stuff. I was facing a huge fine which would have devastated me financially for years to come, but with his passionate submission to crown on my behalf he was able to get the fine reduced by 90%. His colleagues he works with are amazing too. Thank you so much for all of your help through this matter Igor! You truely have saved my future. I appreciate it beyond measure! All the best in the future!Akash TyagiAkash Tyagi ★★★★★ Hi all, When i just came to Canada, i got charged with SA, which was a nightmare for me where my so called friends left my side. Then by luck i got to know Mr. Igor and that day changed everything.Being new in a country could cost me a lot but with Igor’s genuine efforts to help me, saved my life.A big thanks to him and god bless him.Must recommended lawyer.Thanks a ton Igor.❤️ted ferreirated ferreira ★★★★★ I met Igor approximately two years ago when we met with him regarding SA charges against our son. Over that time Igor was always there to answer questions that we had, he was reassuring explaining that we had a strong case.From the beginning we were impressed with Igor's demeanor, he was always calm and to the point, he did his best to keep us on track with the facts.Thanks to Igor's thorough preparation he was able to get the SA charges stayed. I cannot tell you how incredible that feeling was.We owe so much to him.We highly recommend Igor to anyone needing Legal help, he will work tirelessly on your behalf.OKOLI MARKOKOLI MARK ★★★★★ Thank you Igor Vilkhov for helping me go through my legal case from the very beginning to the end. Igor's professional advice and approach to difficult legal matter is excellent and recommended, Case has been withdrawn from court!! 1 million thanks for the support throughout this process 🙏.Laura BeniaLaura Benia ★★★★★ Professional, honest and caring.js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top