Civil Fraud, Negligence & Injunction Lawyers, BC
Acting fast when assets and reputations are at risk.
Civil fraud, professional negligence, and injunctive relief each demand precise legal action under pressure. Romaya Law advises clients across BC on these high-stakes claims — from building a fraud case to securing an emergency injunction to preserve your position.
Some civil disputes require immediate, decisive legal action — not months of deliberation. When assets are being dissipated, a fraudulent scheme is unravelling, or a party is causing irreparable harm, the law provides urgent remedies for those who move quickly. Romaya Law advises individuals and businesses in Vancouver and across British Columbia on civil fraud claims, negligence actions, and injunctive relief — including emergency applications to the BC Supreme Court. This page provides general information about these areas of law; it does not constitute legal advice for your specific situation.
Civil Fraud and Deceit Claims in British Columbia
A civil fraud claim in BC generally requires proving five elements: a false representation was made; the person making it knew it was false, or made it recklessly without caring whether it was true; it was made with the intention that the other party rely on it; the other party did rely on it; and that reliance caused a measurable loss. Civil fraud cases can arise from investment schemes, misrepresented assets in commercial transactions, fraudulent inducement to sign a contract, and related forms of deliberate deception. These claims are distinct from breach of contract and can attract broader remedies — including disgorgement of profits obtained through the fraud.
Negligence Claims — Establishing Duty, Breach, and Causation
Negligence is not merely careless conduct — it is careless conduct that caused legally recognizable harm to someone the law recognizes the actor owed a duty to. In BC, establishing negligence requires: a duty of care owed to the plaintiff; a failure to meet the standard of care expected of a reasonable person in the defendant's position; that failure caused the plaintiff's loss; and the loss is of a type the law will compensate. Negligence claims arise in many contexts — professional negligence by lawyers, accountants, or consultants; construction defects; and failure to disclose material facts in transactions.
Injunctions — Emergency Orders to Preserve Your Position
When ongoing or threatened conduct is causing harm that money alone cannot repair, a court injunction may be available. In British Columbia, an interlocutory (interim) injunction is assessed on a three-part test: (1) is there a serious issue to be tried; (2) would the applicant suffer irreparable harm if the order is not granted; and (3) does the balance of convenience favour granting the order. Applications can be made on an urgent basis — sometimes without advance notice to the other party (ex parte) — where the situation genuinely demands it. Courts also have the power to grant ancillary orders, including restraining a party from destroying evidence.
Freezing Orders and Certificates of Pending Litigation
Two specialized injunctions deserve particular attention in fraud and asset-dispute contexts. A Mareva (freezing) injunction prevents a defendant from dissipating or moving assets to defeat a potential judgment — a critical tool where fraud or financial misconduct is alleged and assets are at risk. For disputes involving real property in BC, a Certificate of Pending Litigation (CPL) can be registered against title, putting the world on notice that the property is subject to a legal claim and preventing clean sale or transfer pending the outcome of the litigation.
Why Speed and Strategy Both Matter in These Claims
Fraud, negligence, and injunction matters share one common characteristic: delay compounds harm. Whether assets are disappearing, a limitation period is approaching, or ongoing conduct is causing mounting damage, acting promptly is essential. At the same time, urgency must be paired with precision — courts scrutinize emergency applications carefully, and a poorly prepared application can be dismissed or result in adverse costs. Our Vancouver litigation team prepares these applications with the rigour they demand, from the initial affidavit to the oral argument before a BC Supreme Court judge.
How we help with fraud, negligence & injunctions
Civil vs. Criminal Fraud
A civil fraud claim is brought by the victim to recover losses — it is entirely separate from any criminal investigation or prosecution, and can proceed independently.
Concurrent Claims
The same conduct can give rise to both fraud and breach of contract claims simultaneously. Pleading both can preserve your remedial options throughout the litigation.
Professional Negligence
Professionals — lawyers, accountants, financial advisors — are held to the standard of a reasonably competent practitioner in their field. Falling short can ground a negligence claim.
Undertaking as to Damages
An applicant for an injunction in BC must typically give an undertaking to compensate the other party for losses if the injunction is ultimately found to have been wrongly granted.
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