Munaf Mohamed is national co-chair of the firm's fraud law practice and has a diverse commercial litigation practice with a strong emphasis on civil fraud and international asset recovery claims. Munaf also regularly handles energy related disputes, bank-related litigation, arbitration mandates and defamation claims.
In representing clients prosecuting or defending civil fraud claims, he has extensive experience managing all aspects of investigative and enforcement actions, including obtaining Mareva injunctions, Norwich Pharmacal orders, Anton Piller orders, conducting fraud investigations and working with corporate security personnel throughout. The fraud claims include internal defalcations, external theft, mortgage fraud, commercial loan fraud, cheque kiting and Ponzi schemes. Munaf regularly appears as counsel across the country and has overseen a number of international recovery efforts on behalf of clients. Most recently, Munaf was counsel to a major financial institution in coordinating, executing and resolving one of the most complex mortgage fraud schemes in Canadian history where over 325 defendants were named and pursued.
In the energy arena, Munaf has litigated a wide variety of matters including issues related to split title of mineral rights, CO&O agreements, farm-out agreements, CAPL issues, surface rights and land related disputes, major pipeline failures, as well as disputes related to contractual arrangements. In addition, Munaf has represented numerous clients in respect of regulatory litigation. Notably, Munaf represented Imperial Oil Resources Ventures Limited in respect of injunctive and judicial review proceedings against the Minister of Fisheries and Oceans as well as a number of NGO's pertaining to Imperial Oil's $8 Billion Kearl Oil Sands Project arising from a Joint Review Panel recommendation.
In representing financial institutions, Munaf has extensive experience with issues relating to bills of exchange, verification agreements, clearings procedures, conversion allegations and recovery issues related to fraud. Indeed, Munaf has represented financial institutions on some of the largest fraud claims in Canada, including claims involving multi-jurisdictional asset recovery.
In the arbitration field, Munaf has dealt with matters involving the ICC, AAA, CPR and domestic claims. Arbitrations have been seated in London, various locations in the United States and Canada.
Munaf also regularly is called upon to prosecute and defend claims in defamation. Most recently, Munaf defended Mayor Naheed Nenshi, Mayor of Calgary, in respect of a $6 Million defamation claim advanced by a developer relating to comments made relating to election financing laws.
Most recently, in naming Munaf a "litigation star", Benchmark Litigation quoted a client: "Munaf has common sense and is not afraid to go into novel areas. He approaches complex matters with an excellent strategic view to getting the best result without uncovering every rock. He manages reputational risk issues in a very careful manner and always has them at front of mind. Although he sits in Calgary, we use him for cases all across the country."
As well, Chambers Canada recently quoted a source: "He is incredibly good strategically and deadly with a witness. He is very good on his feet in front of judges and arbitrators."
With over 60 reported cases, Munaf has extensive trial and appellate experience. Since articling with the Alberta Court of Appeal and Court of Queen's Bench, he has appeared as lead counsel before the Court of Queen's Bench and Court of Appeal for Alberta, the B.C. Supreme Court and B.C. Court of Appeal, the Federal Court, trial and appeal divisions, the Ontario Superior Court of Justice, and multiple times at the Supreme Court of Canada.
Munaf was named a finalist by Lexpert in 2008 in their annual publication of Canada's "Top 40 Lawyers Under Age 40". He has also been named in the 2009 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, Who's Who Legal: Canada 2010-2013, as a leading practitioner in the Business Crime practice area, The International Who's Who of Business Crime Defence Lawyers 2011, The International Who's Who of Business Lawyers 2011, The International Who's Who of Business Crime Defence Lawyers 2012 and The International Who's Who of Asset Recovery Lawyers 2012 as a leading specialist globally.
Select Experience
Representation of Wood Group Mustang (Canada) Inc. in defence of an action commenced by
Canadian Natural Resources Limited, relating to the failure of an underground
emulsion pipeline in 2009. Amounts claimed are in excess of $80 million. Canadian Natural Resources Limited v. ShawCor Ltd., 2013 ABQB 230; Canadian Natural Resources Limited v. ShawCor Ltd., 2014 ABCA 289; Canadian Natural Resources Limited v. ShawCor Ltd., 2016 ABCA 21.
Representation of a major financial institution in connection with a fraud recovery lawsuit to seek recovery of losses arising from a sophisticated cheque-kiting scheme involving the cycling of hundreds of millions of dollars in Canada and the United States – Bank of Montreal v. Mair Faibish et al.
Bank of Montreal v. Cochrane, 2010 ABQB 430
Bank of Montreal v. Cochrane, 2010 ABQB 541
Bank of Montreal v. Cochrane, 2010 ABQB 542
Bank of Montreal v. Cochrane, 2010 ABQB 545
Bank of Montreal v. Cochrane, 2010 ABQB 548
Compton Petroleum Corp. v. Alberta Power Ltd., [1999] A.J. No. 218 ABQB 1999/01/15 Alberta Judgments
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