R. c. Lavigne

R. c. Lavigne

The appeal is dismissed because the trial judge's reasons sufficiently demonstrated he considered the evidence, his acceptance of Daniel Côté's testimony was reasonable and entitled to appellate deference, and he correctly applied the law on fraud including the deprivation element; no palpable and overriding error...

Source-derived case information.

Citation
2013 ONCA 402
Parties
Respondent: Sa Majesté la Reine; Appellant: Joseph Henri Raymond Lavigne
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
14 June 2013
Procedural Posture
Criminal / Appeal From Conviction
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Fraud, Breach of Trust by Public Official, Credibility Assessment, Standard of Appellate Review, Elements of Fraud Deprivation
Source Language
fr
Criminal Law Fraud Breach of Trust by Public Official Credibility Assessment Standard of Appellate Review Elements of Fraud Deprivation

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Parties

Sa Majesté la Reine

Respondent

Joseph Henri Raymond Lavigne

Appellant

Procedural Posture

Criminal / Appeal From Conviction

  1. 1 Whether the trial judge failed to consider relevant evidence (Michel Éthier)
  2. 2 Whether the trial judge made a manifestly unreasonable credibility finding in favour of witness Daniel Côté
  3. 3 Whether the trial judge misapplied the elements of fraud, particularly deprivation

Ratio Decidendi

The appeal is dismissed because the trial judge's reasons sufficiently demonstrated he considered the evidence, his acceptance of Daniel Côté's testimony was reasonable and entitled to appellate deference, and he correctly applied the law on fraud including the deprivation element; no palpable and overriding error was shown.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed.
  • Conviction affirmed.