Canadian Lawyer

says, ���when you consider that there are 10,000 practising lawyers in B.C. and there are only one or two a year that get involved with theft, that is a very small percentage.��� Tom Schonhoffer, the executive director of the Law Society of Saskatchewan, has another take. ���If you look through the billions of dollars that go through trust accounts, defalcations ���If you look through the billions of dollars that go through trust accounts, defalcations would be a fraction of a fraction of one per cent.��� ty of Saskatchewan Tom Schonhoffer, Law Socie would be a fraction of a fraction of one per cent.��� But it happens more frequently than the profession cares to admit, particularly thefts from a law firm���s general accounts. David Debenham, a partner with McMillan LLP in Ottawa who is a certified fraud specialist and investi- gator, estimates only one in 10 frauds within the profession come to light. ���A lot of firms that had lawyers, or law clerks, or staff that commit fraud tend to indemnify clients and not report it ��� it���s sort of the [profession���s] dirty little secret,��� says Debenham, who is also a certified management accountant often hired by law firms to conduct fraud probes. He says there is no doubt the number of misappropriation cases is growing exponentially. Though he doesn���t go that far, the chief executive officer of the Professional Liability Insurance Fund of the Barreau du Qu��bec says the insurer has had to grapple with a ���significant��� increase in defalcations over the past couple of years. What���s more, the amounts being misappropriated are larger than ever. ���I have been here for 25 years, and we never saw situations like that 10 years ago,��� says Ren�� Langlois. The figures bear him out, at least in Quebec. The Quebec liability insurer paid out nearly $20 million in claims in fiscal 2011, almost double the preceding year, according to its latest annual report. In Ontario, total claim costs may top the $100-million mark, reveals LawPro���s 2011 annual report. The number of claims reported ��� 2,468 ��� is higher than it has been at any point since 2000 and 11 per cent higher than in 2010. Similarly, claims UNDERSTANDING lIAbIlITy foR INTENTIoNAl INTERfERENcE IN EmploymENT mATTERS New publicatioN The Law of InducemenT In canadIan empLoymenT Law Nikolay y. ChsherbiNiN, b.Comm., ll.b., ll.m. Find the information that helps you determine when interference is actionable ��� and how to assess liability ��� with the only work of its kind dedicated to the topic. oRDeR # 985243-65203 $150 hardcover approx. 320 pages December 2012 978-0-7798-5243-7 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. 34 March 2013 www.CANADIAN the law of inducement in canadian employment law is an important new publication that covers: ��� The difference between the law of torts and the law of contract ��� The roots and history of the tort of inducing breach of contract and other economic torts ��� recent english and Canadian jurisprudence ��� The development of the economic torts ��� avoiding/attracting liability for intentional interference ��� knowing assistance with a breach of trust versus inducing breach of contract ��� Geographical limits and mitigation of damages ��� The application of duty of good faith and fair dealing to inducement scenarios ��� how employers can prevent and remedy economic loss caused by departing ex-employees included are sample pleadings for Tort of inducing breach of Contract, Tort of Causing loss by Unlawful means, and Tort of intentional interference with Contractual relations. available Risk-FRee FoR 30 Days order online: www.carswell.com call toll-Free: 1-800-387-5164 ��in toronto: 416-609-3800 L a w ye r m a g . c o m

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