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Lincoln Caylor

Partner

Partner |

T: 416.777.6121

Toronto

Caylor Lincoln
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 416.777.6121


Toronto

  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Lincoln Caylor advises clients on the full spectrum of issues arising from international economic crimes: from asset-tracing investigations and asset-recovery litigation, to enforcement actions in complex, global financial frauds and related internal investigations.

In 2019, Chambers and Partners Asset Tracing & Recovery – Global-wide research results placed him as 1 of 9 asset tracing specialists trusted by peers and the sole Canadian based litigator.

Due to his asset-tracing experience, Lincoln often collaborates with his counterparts around the world to develop and implement cross-border asset-recovery strategies and solutions. Market commentators for Who’s Who Legal: Litigation 2019 say he "’is a first-rate practitioner’ who is highly recommended for his leading work on white-collar crime litigation.”

Lincoln is currently acting as lead counsel in the Yukos related litigation in Ontario against Russia. He principals the asset-recovery efforts in Canada of US $5.5 billion linked to Stanford International Bank, Antigua, which collapsed in 2009, following the uncovering of the world's second-largest Ponzi scheme. He also partnered with H.M.B. Holdings Ltd., the longtime owner of the Half Moon Bay Hotel, to enforce judgment against Antigua and Barbuda. And, he counselled Hermitage Capital Management Limited in Canada during Canada’s investigation into money laundering of a US $230 million tax refund fraud uncovered by the late Russian anti-corruption lawyer Sergei Magnitsky.

His solid track record in global asset retrieval mandates was highlighted by clients in Chambers Canada 2020, noting him as a “…leading fraud recovery” litigator and in 2019 as “a go-to” litigator for “the most complex, interesting and transnational’ investigative inquiries.”

Lincoln’s professional impact is noted in the recently published WWL: Thought Leaders GIR 2019, identifying the very best in their ability to innovate, inspire, and go above and beyond to deliver for clients.

As an influencer away from chambers and courtrooms, he co-founded The International Academy of Financial Crime Litigators, a collaboration of experienced public-and private-litigation professionals working with the Basel Institute on Governance to expand worldwide access to solutions in economic crime cases. He serves as a governor and vice-chairman of Upper Canada College and is a past chairman of the Board of Trustees of the Barrow Foundation, which provides scholarships to boys attending Upper Canada College. He is a former member of the Board of Directors for The Macdonald Laurier Institute, a public policy think tank based in Ottawa. In 2012, Lincoln received the Queen Elizabeth II Diamond Jubilee Medal for his service to Canada.

Education

University of King's College, BA, 1990 University of Ottawa, LLB, 1993 Institute of Corporate Directors, NFP-Governance Essentials Program, 2010 

Bar Admissions

Ontario, 1995

Recent Experience

Commercial Litigation Experience
Fraud Related Litigation Experience
Luxtona Limited, an affiliate of Yukos Oil, in proceedings in the Ontario Superior Court of Justice by the Russian Federation for the set-aside of an interim award related to the Energy Charter Treaty arbitration between Luxtona and Russia.
Exide Canada Inc., the plaintiff, in its application pursuant to s.132 of the Ontario Business Corporations Act to set aside an improvident contract underpinning approximately $18 million worth of counterclaims and to obtain an account of any profit or gain the defendants obtained from that contract. Exide Canada Inc. v. Hilts, 2005 CanLII 40363 (ON S.C.)
Research In Motion Limited, in injunctive relief sought relating to its ultimately successful hostile takeover of Certicom Corp. Certicom Corp. v. Research In Motion Limited, 2009 CanLII 1651 (ON S.C.)
Hollinger International Inc., in responding to summary judgment motion for $22.5 million arising from transactions with CanWest. CanWest Global Communications Corp. v. Hollinger Inc.; 2004 CarswellOnt 3291; Ontario Superior Court of Justice; August 13, 2004; Docket; 03-CV-260727CM.
Hollinger International Inc., in an arbitration arising from the sale to CanWest Global Communications of approximately $3.5 billion of Hollinger International Inc.'s newspaper and other media assets.
CIBC Mellon Trust Company, Computershare Trust Company and BNY Trust Company, in the $35-billion restructuring of the third party ABCP in accordance with the Montreal Proposal.
Direct Energy, in competitive market advertising litigation.
A Swiss-based organization, the Bruno Manser Fund, in a first-of-its-kind application for a Norwich Pharmacal "disclosure" order to obtain information for use in connection with a potential private criminal prosecution relating to the alleged money laundering in Canada of the proceeds of Malaysian political corruption.
H.M.B. Holdings Ltd., in the tracing and recovery process of US$22 million owed by the government of Antigua and Barbuda following its expropriation of Half Moon Bay Hotel.
Hermitage Capital Management Limited, in Canada in the money laundering investigation by Canadian authorities regarding proceeds of a US$230-million tax refund fraud uncovered by Sergei Magnitsky.
Leading the Canadian civil asset recovery proceedings on behalf of the joint liquidators in Antigua’s Stanford International Bank’s $5.5-billion collapse resulting from the world’s second-largest Ponzi scheme.
To satisfy a Moscow court's more than $120-million arbitration award for client assets expropriated by the government of Kyrgyzstan, Lincoln secured an injunction to freeze Canadian assets of the post-Soviet country.
Led successful asset-tracing and recovery efforts in litigation involving $23 million in alleged loan fraud and fraudulent transfers.
For a large European publicly-traded bookmaker, in dealing with the theft and attempted reselling of private information belonging to over a million customers.
For a significant public health care provider, in internal investigations and related litigation arising from overbilling for construction and renovations.
For the former directors of Ornge Ambulance Service, in the legislative committee hearings and OPP investigation.
The United States of America Securities and Exchange Commission receiver in British Columbia in locating and seizing assets and in particular application for payment of all funds posted as bail to be paid to the receiver in priority to the sureties.  Gilliland Estate v. Canada (Attorney General); 2007 CarswellBC 1590; 2007 BCSC 1008, [2008] B.C.W.L.D. 2429; British Columbia Supreme Court [In Chambers]; July 6, 2007; Docket: Vancouver L051496.
CIBC, in $13-million student loan fraud and in particular the leading case on access to frozen funds by rogues for criminal and civil defence costs and living expenses. Canadian Imperial Bank of Commerce v. Credit Valley Institute of Business and Technology, 2003 CanLII 12916 (ON S.C.) and for CIBC as victim at the criminal sentencing for resolution. R. v. L. Mpamugo.
RBC, in criminal sentencing at trial and appeal in restitution to the bank in a multi-million dollar bank thefts. R. v. Biegus; 1999 CarswellOnt 4212; 127 O.A.C. 239, 141 C.C.C. (3d) 245, 44 W.C.B. (2d) 477; Ontario Court of Appeal; December 22, 1999; Docket: CA C29297. 
Sun Alliance Insurance Co., on appeal regarding crime insurance coverage.  1998 CarswellOnt 704; 107 O.A.C. 387, 1 C.C.L.I. (3d) 301; Ontario Court of Appeal; February 24, 1998; Docket: CA C21308.
RBC, at trial for vicarious liability of security company in multi-million dollar bank thefts. 2005 CarswellOnt 5922; 2005 C.L.L.C. 210-047; Ontario Superior Court of Justice; November 1, 2005; Docket: 98-CV-153676.
Consortium of banks, at trial in multi-million dollar credit card fraud.  Canadian Imperial Bank of Commerce v. SIngh; 2004 CarswellOnt 4461; Ontario Superior Court of Justice; November 3, 2004; Docket: 00-CV-198265.
The representative plaintiff and court-appointed receiver, in a class action involving $10 million in fraudulent real estate transactions.  Application brought on behalf of the insured victims of the real estate fraud who had been denied coverage.  The insurer was ordered to pay more than $2 million under the terms of the policy. Simpson v. Lloyd's Underwriters, 2008 CanLII 51771 (ON S.C.), affirmed by the Court of Appeal  Simpson v. Lloyd's Underwriters, 2009 ONCA 327.
Atlas Copco Canada Inc., in a forum and jurisdiction dispute with certain defendants in an action alleging fraud. Atlas Copco Canada Inc. v. Hillier, 2009 CanLII 2897 (ON S.C.), affirmed by the Court of Appeal Atlas Copco Canada Inc. v. Plate, 2009 ONCA 687.
The United States of America Securities and Exchange Commission receiver in Texas, in issues and assets in Ontario with respect to the "Chinese Warren Buffet" Ponzi scheme.
Receiver, in "Canada's largest Ponzi scheme" involving numerous corporations and individuals.

Recent Recognition

Canadian Legal Lexpert Directory
Repeatedly recommended, Litigation - Corporate Commercial
Chambers Canada
Ranked, White Collar Crime & Government Investigations - Canada
Chambers: Litigation Support
Ranked Globally, recognized for Asset Tracing & Recovery
Expert Guides
Recommended for White Collar Crime, Canada
Law360 Trial Pros Series
Recognized as an Elite Trial Lawyer
Benchmark Litigation: Canada
Recognized as a Litigation Star
Who's Who Legal: Asset Recovery
Recognized as one of the most Highly Regarded Practitioners in Canada
Recognized as one of Five of the Most Highly Regarded Individuals in North America and one of the World's Leading Lawyers in the area of Asset Recovery
Who's Who Legal: Canada
Recognized in the area of Asset Recovery
Recognized in the area of Litigation
Who's Who Legal: Litigation
Recognized as a leading lawyer in the area of Litigation
Who's Who Legal: The International Who's Who of Asset Recovery Lawyers
Recognized as a leading lawyer in the area of Asset Recovery
Who's Who Legal: The International Who's Who of Business Lawyers
Recognized as a leading lawyer in the area of Asset Recovery
Who's Who Legal: Thought Leaders
Recognized as a leader in Asset Recovery

Insights, News & Events

In the News

Lincoln Caylor on Fraud and Corruption During COVID-19

September 22, 2020
       

Announcements

Bennett Jones is Recognized in Chambers Canada 2021

September 10, 2020
       

Announcements

Bennett Jones' Leading Lawyers in Chambers Canada 2020

September 19, 2019
       

In the News

Global Arbitration Review on Luxtona Proceedings

August 05, 2019
       

Articles

Delays could result in stay of charges against SNC-Lavalin

May 30, 2019
       

Articles

Should There Be Mandatory Sentences?

June 2019
       

Blog

Canadians to Face U.S. Liability under Helms-Burton as of May 2, 2019

April 17, 2019
       

Articles

Practice Alert: UK court accepts jurisdiction in hotly-contested Russian dispute

April 16, 2019
       

Articles

Unexplained Wealth Orders

March 13, 2019
       

Articles

Canadian Corporate Criminal Liability

March 07, 2019
       

Articles

Lack of coordination between Canadian authorities caused SNC-Lavalin case collapse

February 28, 2019
       

Articles

Foreign Arbitral Deference Still Trending In Canadian Courts

February 15, 2019
       

Articles

Enforcement of Foreign Judgments in Canada

2018
       

Announcements

Bennett Jones in Who’s Who Legal: Canada 2018

November 01, 2018
       

Speaking Engagements

Asset Recovery Americas

September 25, 2018
       
2018
Sep
24
       

Event

Bennett Jones Sponsors the Asset Recovery Americas Conference

Articles

Lincoln Caylor and Jim Schmidt on H.M.B. Holdings Limited v. Replay Resorts Inc.

August 08, 2018
       

Articles

Canada court clarifies test for granting Mareva injunctions

June 27, 2018
       

Speaking Engagements

Financial Crime Litigation - International 3-D Chess

May 10, 2018
       

Announcements

Lincoln Caylor in Expert Guides: White Collar Crime

April 23, 2018
       

Articles

Canadian Judge Will Hear Reports In Yukos Arbitration Row

April 17, 2018
       

Speaking Engagements

2018 Annual Conference of the Section of International Law

April 17-21, 2018
       

Speaking Engagements

Lincoln Caylor at OffshoreAlert’s Miami Conference

April 17, 2018
       

In the News

Bennett Jones Helps Osgoode Investor Protection Clinic Opens the Market

February 07, 2018
       

In the News

Lincoln Caylor in Globe and Mail on BMF and Sakto Probe

February 06, 2018
       

In the News

Lincoln Caylor and Maureen Ward in Toronto Star on Bruno Manser Fonds

December 31, 2017
       

Announcements

Bennett Jones Fraud Law Team—Best in the Business

December 04, 2017
       

Blog

Ontario Court Refuses to Approve New Litigation Funding Model for Class Actions

October 25, 2017
       

Articles

Portfolio Litigation Financing - What’s in it for the Lawyers?

September 24, 2017
       

Articles

In Pari Delicto and Ex Turpi Causa

September 2017
       

In the News

Lincoln Caylor in Global Investigations Review

August 18, 2017
       

In the News

Lincoln Caylor and Nathan Shaheen in Law Times on Tracy v. Iran

August 15, 2017
       

In the News

Lincoln Caylor in Law Times on Third-Party Funding

August 01, 2017
       

Articles

Companies Use Third-Party Litigation Funding

July 24, 2017
       

Articles

Third-Party Funding Market Diversifies

July 24, 2017
       

Articles

UK's Marex Ruling May Lead To New Tortious Cause Of Action

June 17, 2017
       

In the News

Lincoln Caylor on CBC News on Dirty Money in Canada

May 11, 2017
       

In the News

Lincoln Caylor on CBC News on Russian Money Laundering in Canada

May 10, 2017
       

Articles

UK Appeals Court Limits Notification Injunctions

April 27, 2017
       

In the News

Lincoln Caylor in Antigua Observer on Half Moon Bay

April 27, 2017
       

In the News

Lincoln Caylor in Daily Observer on HMB Holdings

April 27, 2017
       

In the News

Lincoln Caylor in Vancouver Sun

April 24, 2017
       

Articles

Don't Bet on Unsupported Worldwide Order to Secure Assets

March 13, 2017
       

In the News

Lincoln Caylor in Law360: Don't Bet On Unsupported Worldwide Order To Secure Assets

March 13, 2017
       

Blog

Report a Canadian Tax Evader and Make Money?

February 24, 2017
       

In the News

Lincoln Caylor on Fighting Corruption in Canadian Lawyer

January 17, 2017
       

Articles

Fighting corruption: SCC case on protecting third-party informants will help

January 16, 2017
       

Speaking Engagements

Lincoln Caylor is featured in The FCPA Blog on how Canadian Supreme Court Bolsters World Bank Anti-Corruption Fight

December 21, 2016
       

Articles

Lincoln Caylor: Canada Supreme Court bolsters World Bank anti-graft fight

December 14, 2016
       

Articles

Corporate Criminal Liability in Canada - Is the End Nigh?

December 01, 2016
       

In the News

Lincoln Caylor on Third Party Litigation Funding in Canadian Lawyer

November 22, 2016
       

Speaking Engagements

Is third-party litigation funding coming to a court near you?

November 21, 2016
       

In the News

Lincoln Caylor in Antigua Daily Observer

November 03, 2016
       

In the News

Bennett Jones Retained as Canadian Counsel in Magnitsky Investigation

October 27, 2016
       

Speaking Engagements

Litigation Funding Roundtable: The Canadian Perspective

September 2016
       

Articles

Lincoln Caylor: What's the Difference Between Notification Injunctions and Freezing Orders

July 29, 2016
       

Announcements

Four Bennett Jones Lawyers Who's Who Legal Thought Leaders

July 19, 2016
       

Articles

Parliamentary Restrictions on Judicial Discretion in Sentencing

2016
       

In the News

Caylor and Shaheen: Terrorism means foreign states liable in Canada

July 12, 2016
       

Articles

Terrorism Means Foreign States Liable in Canada

July 11, 2016
       

In the News

Lincoln Caylor and Ranjan Agarwal in Law360 on Commercial Litigation Funding In Canada

June 20, 2016
       

Speaking Engagements

Insolvency Review - Current Topics and Trends

June 17, 2016
       

In the News

Lincoln Caylor Featured as a Trial Pro in Law360

June 10, 2016
       

Speaking Engagements

2nd Annual Fraud, Asset Tracing and Recovery Asia

June 6-7, 2016
       

Blog

Third-Party Litigation Funding Revolutionizing Commercial Litigation, Despite Some Challenges in Common Law

June 01, 2016
       

Speaking Engagements

14th Annual Offshore Alert Conference

May 03, 2016
       

Related Services

Commercial Litigation
Corporate Governance
Fraud Law

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