 Bennett Jones 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 Litigator Lincoln Caylor advises clients on international economic crimes from asset-tracing investigations and asset-recovery litigation, to trust contests over alleged misconduct and enforcement actions in complex, global financial frauds and related internal investigations, including Canada's anti-money laundering regime. Overview 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." 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. Chambers & Partners Global-wide Asset Tracing and Recovery latest review, sums him up as a “technically excellent” advocate who “deals with difficult situations in a calm and collected manner.” Consequently, 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.” Lincoln’s professional impact is notable amongst peers who regard him as a voice 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. ,,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.,,
Commercial Litigation Experience
• Nuance Pharma in its applications seeking the recognition and enforcement of an arbitral award and the termination of a CCAA proceeding and the appointment of a receiver under the Courts of Justice Act • 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. Fraud Related Litigation Experience • A farm credit cooperative, as Canadian counsel, in its fraud claim concerning the recovery of losses arising from an elaborate cross-border cheque-kiting scheme • An apartment complex and its directors in its recovery efforts of at least C$10 million of improper transfers from Buduchnist Credit Union to various fraudulent co-conspirators, including various Hong Kongese entities • Arab Jordan Investment Bank, Bank Al Etihad and Jordan Kuwait Bank in their action for the recognition and enforcement of various final Jordanian judgments in the aggregate amount of over C$25 million • Shanghai Lianyin Investment Co. Ltd., in the enforcement of its $233-million CIETAC arbitral award in Ontario to recover assets potentially held in trust for the award debtor. • 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. • For a Bahamian company seeking to recover $10M USD in bank deposits that a Lebanese bank has refused to return on account of the collapse of the Lebanese financial system. • In relation to a multi-billion dollar Brazilian fraud and the related international asset tracing where $1.3 billion was misappropriated and used to undertake corporate acquisitions in the Canadian public markets, apparently in an effort to launder the funds and further the fraud. • For a Chinese investment firm in respect of its efforts to have a $260M international arbitral award recognized and enforced against the Canadian assets. • For an international infrastructure company in respect of the recognition and enforcement of $177M USD arbitral award against Peru. • For a significant Canadian trust company in defending criminal charges. • For a Canadian subsidiary of an international financial services company leading the internal investigation into investment practices and resulting response to regulators. • For the plaintiffs in respect of an extensive and long-running $20M mortgage fraud scheme. • For a Canadian bank leading the internal investigation into inflated loan performance and resulting response to regulators. • 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. • 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. |