March 22, 2013
/PRNewswire/ - On
March 26, 2013
, the plaintiffs in two landmark fraud cases to be heard by the Supreme Court of
, will finally get their day in
top court. The victims of the fraud, a small business owner from
and a church group from
, suffered a combined loss of
. These actions were commenced against
, for his role in a fraudulent investment scheme that targeted elderly American investors, and for these victims an appeal to the Supreme Court of
will give them the opportunity to finally share their story on a national platform.
The Court will hear two appeals from the
Court of Appeal (
Mauldin et al v. Cassels Brock et al.
, 34641 and
Bruno Appliance and Furniture Inc. v. Cassels Brock & Blackwell LLP et al.
to decide whether the victims of the alleged fraud can obtain their much-needed restitution by summary judgment—a means of deciding cases that do not require a trial, by way of motion— without having to bear the lengthy and extremely costly trial process.
In the lower court, Hryniak was found to have perpetrated his fraudulent investment scheme by disbursing his victims' funds to his own company through the trust accounts of
& Blackwell LLP, one of
oldest and largest law firms, and summary judgment was granted against him.
did not mince words, finding that "the threads of dishonesty" were "everywhere", and that Mr. Hryniak's efforts to defend his actions were akin to "pouring water on a grease fire" - rather than douse the flames, "an inferno ensued". In his effort to bring swift restitution to these victims,
granted summary judgment against Mr. Hryniak, stating "at least for today, his dodging and weaving stops here."
The victims, however, have yet to receive a penny of compensation from Hryniak. The
Court of Appeal reviewed
, affirming his conclusions in favour of the
plaintiffs, but reversing the
decision on technical grounds. While the Court was satisfied that Mr. Hryniak had improperly taken Bruno Appliance's investment for his own purposes, it was not prepared to uphold the summary judgment in the
action, and directed a full trial of the issues.
Bruno Appliance and Hryniak were both granted leave to appeal the Court of Appeal's decisions to the Supreme Court of
, which will hear arguments on
March 26, 2013
at the Supreme Court of Canada Building in
. Following the hearing, the plaintiffs, will be holding a press conference at The Westin Ottawa, 11 Colonel By Drive, Provinces Ballroom II at
following the hearing. Members of the press are invited to attend.
For background information on this matter, including copies of the documents and evidence filed with the court, visit:
. Please note that not all of the allegations contained in the Statements of Claim have been proven in a court of law.
SOURCE Heydary Hamilton Professional Corporation