By Jeff Filliter – Director, Complex Fraud & Financial Irregularities at Haywood Hunt & Associates Inc. – BA, CFE, IAFCI
Civil litigation is on the rise, be it in conjunction with commercial litigation, fraud and corruption, internal investigations, or asset recovery matters, both domestically and internationally. I believe this can be attributed, at least in part, to Canadian law enforcement agencies being unable, or unwilling, to conduct substantive criminal investigations due to resource constraints and limited expertise. This is not intended to be a knock on law enforcement, far from it. It is simply the reality of the day, through no fault of their own.
This reality creates two obvious and glaring voids: Where do the victims of fraud turn, and who can litigation counsel trust to conduct comprehensive investigations within the confines of civil litigation regulations? Investigative civil remedies are numerous and, in some ways, aligned with criminal legal processes. Knowledge and experience in both areas are at a minimum and can be enormously advantageous assets in terms of assisting litigants with investigative matters. I feel immensely fortunate to work with Haywood Hunt & Associates, one of only a handful of firms that can offer all of the aforementioned expertise.
Amongst others, there are three primary civil remedies used by Canadian litigators for which litigation support is crucial:
Norwich Pharmacal Orders: In essence, this is the equivalent of a criminal search warrant. Written applications are submitted to civil court judges, detailing prima facie evidence in support of an alleged offence and requesting the disclosure of information or documentary evidence not otherwise available. With sign-off from the presiding judge, litigators are then free to demand the release of the requested information. Experienced investigators play a significant role in this process by securing substantive evidence in support of the application, providing litigation support in compiling and correlating this supporting evidence, and, after the fact, reviewing and analysing the information/documentation secured by way of the Order, identifying additional information required, and ensuring continuity of the evidence throughout the process.
Anton Piller Orders: This order is similar to a preservation order. It again requires an application before the civil courts, offering evidence on the merits and the necessity of securing the evidence before it can be discarded or destroyed. It is often used in conjunction with intellectual property, copyright, and counterfeit cases, and requires significant evidence in support of the existence of the evidence or asset, who possesses the material, and that there is a legitimate concern that the evidence or asset could be damaged or destroyed. Again, an experienced investigator is critical to obtaining the evidence necessary to support the application, securing the evidence or asset in question, and maintaining continuity of the same pending further proceedings.
Mareva Injunctions: This is a civil court order to freeze a defendant’s assets. There is a four-cornerstone test applied to a Mareva order requiring that prima facie evidence in support of the alleged action be presented and that there is a reasonable likelihood of success in the lawsuit filed; the assets being sought are within the jurisdiction identified to the courts; there is a legitimate risk that the assets may disappear, be hidden, or be transferred; and there is a risk to the defendant that they will suffer harm were the assets to become unavailable. Similar to the Norwich Pharmacal and Anton Piller applications, a trained and experienced investigator is invaluable in terms of collecting evidence to support the application and providing the required prima facie evidence for each of the aforementioned steps.
In each of these aforementioned proceedings, the investigator must be prepared to testify as to the veracity of the evidence collected and its relevance to the matter before the courts. Needless to say, investigative experience and expertise are essential, and the combination of the two is a rare commodity.
If you are involved in a civil dispute involving fraud, asset recovery, commercial litigation, internal investigations, or another matter requiring professional investigative support, Haywood Hunt & Associates can help. Our investigators work closely with litigation counsel to gather, preserve, and analyze evidence that stands up to scrutiny throughout the legal process.
We understand the unique demands of civil litigation and the importance of thorough, legally defensible investigations. From locating assets and identifying key evidence to supporting applications for Norwich Pharmacal Orders, Anton Piller Orders, and Mareva Injunctions, our team provides practical investigative assistance tailored to the needs of each case.
To learn more about our civil litigation support services or to discuss your matter in confidence, contact Haywood Hunt & Associates today for free, in-depth, consultation.
About Jeff Filliter
Director, Complex Fraud & Financial Irregularities at Haywood Hunt & Associates Inc. – BA, CFE, IAFCI
Jeff brings over four decades of experience across law enforcement, financial institutions, and private investigative practice.
He served 23 years with the Royal Canadian Mounted Police, primarily within Commercial Crime units in Ontario, and later held responsibility for the International Investigative Desk at a major Canadian financial institution.
Jeff’s work focuses on complex fraud investigations, asset tracing and recovery, financial irregularities, and investigative support across both domestic and international environments. His experience includes mortgage and lending fraud, insolvency-related matters, corporate misconduct, insurance-related investigations, and large-scale financial investigations.
He has extensive experience working alongside legal counsel, financial institutions, insurers, and law enforcement agencies globally, contributing to matters requiring coordination across jurisdictions and regulatory environments.
Jeff holds an Honours Bachelor of Arts in Administrative Studies and is a Certified Fraud Examiner (CFE), with membership in the International Association of Financial Crimes Investigators (IAFCI). He has provided expert evidence in both civil and criminal proceedings internationally, including matters before courts in the United Kingdom.
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