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Lincoln Caylor

Partner

Co-Head of Fraud Law Practice

Co-Head of Fraud Law Practice | Email

T: 416.777.6121

Email

Toronto

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Caylor Lincoln
 
  • Recent Experience
  • Recent Recognition
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T: 416.777.6121


Email

Toronto

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

Litigator Lincoln Caylor advises clients on international economic crimes from asset-tracing investigations and asset-recovery litigation, to enforcement actions in complex, global financial frauds and related internal investigations, including Canada's anti-money laundering regime.

In 2022, Chambers & Partners Global-wide Asset Tracing & Recovery ranked Lincoln as its sole Canadian-based litigator once again. According to a friendly competitor, “he's the first port of call for any of this work that touches on Canadian territory."

"He's an excellent advocate," a market peer affirms, "Lincoln is a leader…at high-level strategy and setting out a plan to follow to ensure that individual events don’t interrupt the overall plan."

Chambers & Partners, 2022

"Lincoln is one of the leading fraud and asset recovery lawyers in the world. Lincoln is a great leader and very senior in our field."

Given his familiarity with multifaceted mandates, Lincoln often helps clients through complex proceedings while simultaneously planning with international counterparts to develop and implement cross-border litigation and asset-recovery strategies and solutions.

Lincoln leads US$4.5-billion appellate proceedings in Canada linked to Stanford International Bank, Antigua. He partnered with H.M.B. Holdings Ltd., the longtime owner of the Half Moon Bay Hotel, to enforce judgment against Antigua and Barbuda. Lincoln also counsels Cypriot company Luxtona in a US$700-million investor-state arbitration dispute, related to the Yukos litigation. He is counsel to an international liquidator tracing over $2 billion laundered through Canada's public markets. 

Clients repeatedly highlight his dedication and solid track record, collectively noting him as a National Leader in Who’s Who Legal: Canada - Litigation 2022. “[He] is recognized by market commentators as ‘a top-class litigator’ with unmatched skills in international asset tracing and recovery.”

Chambers & Partners, 2021

"Within legal circles Lincoln is undoubtedly considered the number-one asset recovery lawyer in Canada."

Lincoln’s professional impact is notable amongst peers who regard him as an influencer in and out of the courtroom. He co-founded and frequently cooperates with Fellows of The International Academy of Financial Crime Litigators, a collaboration between elite public and private litigation professionals and the Basel Institute on Governance to expand worldwide access to solutions in economic crime cases.

Lincoln served as a governor and vice-chairman of Upper Canada College and is a past chairman of the Board of Trustees of the Barrow Foundation. He is also a former member of the Board of Directors for The Macdonald Laurier Institute. Lincoln is a proud recipient of the Queen Elizabeth II Diamond Jubilee Medal for his devotion 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

Who's Who Legal: Thought Leaders
Ranked, Crime & Business Defense
Recognized as a leader in Commercial Litigation
Recognized as a leader in Asset Recovery
Best Lawyers in Canada
Recognized for Corporate and Commercial Litigation
Canadian Legal Lexpert Directory
Repeatedly recommended, Litigation - Corporate Commercial
Chambers Canada
Ranked, White Collar Crime & Government Investigations
Chambers: Litigation Support
Ranked, Global-wide 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

Insights, News & Events

Speaking Engagements

The Evolution of Economic Crime, Asset Recovery, Money Laundering and Enforcement

January 26, 2023
       
2022
Oct
30
       

Event

International Bar Association Annual Conference 2022

Blog

Rule Changes In England and Wales Help Combat Fraud—Should Canada Follow?

October 18, 2022
       

Related Services

Commercial Litigation
Corporate Governance
Fraud Law
Anti-Money Laundering
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