R. v. Ross and Dawson

R. v. Ross and Dawson

On the totality of the evidence the Court concluded beyond reasonable doubt that Bry'n Ross knowingly manipulated the procurement process (frequent contract splitting, non-rotation of vendors, bundling avoidance, sham/matching quotes, sending RFQs to the same location) to channel the vast majority of heating-plant...

Source-derived case information.

Citation
2019 NSSC 275
Parties
Crown: Her Majesty the Queen; Accused/defendant: Bry'n Ross; Accused/defendant: Harold Dawson; Co Accused/related Party: Wayne Langille; Co Accused/related Party (charge Later Dropped): Kimberley (Kim) Dawson / MacDonald
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 September 2019
Procedural Posture
Criminal (fraud; Frauds on Government) / Trial Judgment (guilty Verdicts Rendered)
Outcome
Court convicted: Bry'n Ross guilty of fraud under Criminal Code s.380(1); Harold Dawson guilty of fraud under Criminal Code s.380(1) and guilty of paying/confering benefit to a government employee contrary to Criminal Code s.121(1)(b).
Legal Topics
Fraud (criminal Code S.380(1)), Frauds on the Government (criminal Code S.121(1)(b)), Procurement Policy and Contract Splitting, Conflict of Interest and Gifts/hospitality, Circumstantial Evidence and Credibility, Forensic Accounting and Document Examination
Source Language
english
Criminal Law Public Procurement Law Administrative Law Forensic Evidence Fraud (criminal Code S.380(1)) Frauds on the Government (criminal Code S.121(1)(b)) Procurement Policy and Contract Splitting Conflict of Interest and Gifts/hospitality +2 more

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Parties

Her Majesty the Queen

Crown

Bry'n Ross

Accused/defendant

Harold Dawson

Accused/defendant

Wayne Langille

Co Accused/related Party

Kimberley (Kim) Dawson / MacDonald

Co Accused/related Party (charge Later Dropped)

Procedural Posture

Criminal (fraud; Frauds on Government) / Trial Judgment (guilty Verdicts Rendered)

Legal Issues

  1. 1 Whether the accuseds committed fraud by deceit, falsehood or other fraudulent means depriving DND of money or placing its economic interests at risk
  2. 2 Whether Harold Dawson conferred benefits on a government employee (Wayne Langille) in relation to dealings with government contrary to s.121(1)(b)
  3. 3 Whether contract-splitting and manipulation of bidding produced an artificial market depriving the Crown of fair value

Ratio Decidendi

On the totality of the evidence the Court concluded beyond reasonable doubt that Bry'n Ross knowingly manipulated the procurement process (frequent contract splitting, non-rotation of vendors, bundling avoidance, sham/matching quotes, sending RFQs to the same location) to channel the vast majority of heating-plant contracts to companies controlled by Harold Dawson; Dawson knowingly used multiple companies and sham quotes, marked up prices in an artificially constrained market and conferred material benefits on DND employee Langille (debit card access, bill payments, loans) without written consent. Those facts establish the actus reus and mens rea of fraud (s.380(1)) and, as to Dawson, an...

Court Disposition

Court convicted: Bry'n Ross guilty of fraud under Criminal Code s.380(1); Harold Dawson guilty of fraud under Criminal Code s.380(1) and guilty of paying/confering benefit to a government employee contrary to Criminal Code s.121(1)(b).

Orders

  • Convictions entered: Bry'n Ross guilty on Count 1 (s.380(1))
  • Convictions entered: Harold Dawson guilty on Count 1 (s.380(1)) and Count 2 (s.121(1)(b))