OTTAWA, March 22, 2013 /CNW/ - On March 26, 2013, the plaintiffs in two
landmark fraud cases to be heard by the Supreme Court of Canada, will
finally get their day in Canada's top court. The victims of the fraud,
a small business owner from Illinois and a church group from
California, suffered a combined loss of $2.2 million. These actions
were commenced against Toronto businessman, Robert Hryniak, for his
role in a fraudulent investment scheme that targeted elderly American
investors, and for these victims an appeal to the Supreme Court of
Canada will give them the opportunity to finally share their story on a
The Court will hear two appeals from the Ontario 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., 34645) 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 Cassels Brock & Blackwell LLP, one of
Canada's oldest and largest law firms, and summary judgment was granted
Justice Grace 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, Justice Grace 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 Ontario Court of Appeal reviewed Justice Grace's
decisions in December 2011, affirming his conclusions in favour of the Mauldin plaintiffs, but reversing the Bruno 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 Bruno 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 Canada, which will hear
arguments on March 26, 2013 at the Supreme Court of Canada Building in
Ottawa, Ontario. Following the hearing, the plaintiffs, will be holding
a press conference at The Westin Ottawa, 11 Colonel By Drive, Provinces
Ballroom II at 5:30 pm 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: www.brunovcassels.com. 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
For further information:
Javad Heydary, David Alderson or Jeffrey D. Landmann, Counsel for the Plaintiffs, Heydary Hamilton PC
E-mail: email@example.com ; Email: firstname.lastname@example.org; Email: email@example.com.