Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Ontario Court of Appeal considered a sentence appeal in a high-profile art theft and forgery case, addressing foreign authorities, conditional sentence arguments, and proportionality.
The court imposed a custodial sentence for a long-running fraud and breach of trust scheme against the Ministry and vulnerable youth in care, rejecting a conditional sentence.
La Cour a accordé des dépens spéciaux aux demandeurs, solidairement contre les deux défendeurs, en raison d’allégations de fraude et de faux sans fondement et d’un document falsifié.
The judge found that, although the offences involved breach of trust and planned fraud, the totality of mitigating factors—early guilty plea, full restitution, genuine remorse, significant mental and physical health issues, lack of prior record and prospects for rehabilitation—meant a conditional discharge with an 18‑month probation was a proportionate sentence and not contrary to the public interest; general deterrence and denunciation did not require imprisonment in this specific case.
Source excerpt
The appeal was dismissed because the trial judge reasonably and thoroughly assessed the evidence and credibility, correctly concluded the complainant's contested testimony did not, in the context of the whole evidence, raise an air of reality of complicity requiring the Crown to disprove it, and properly rejected the claim that delay entitled the appellant to time served.
Source excerpt
The Court issued supplementary reasons specifying the allocation of the aggregate six-year sentence: 3 years on the single trafficking Oxycodone count (count 1), 5 years on the 20 trafficking Fentanyl counts (counts 4-23) to be concurrent with each other and concurrent with the sentence on count 1, and 1 year on each forgery count to run concurrently with each other but consecutively to the trafficking sentences, with 4.5 months credit for presentence custody resulting in a net 7.5 months on the forgery charges.
Source excerpt
The appropriate sentence is custodial and totals 30 months imprisonment (30 months on the fentanyl trafficking count with all other counts concurrent), because trafficking and diversion of fentanyl by a trusted, trained pharmacy technician constituted exceptionally serious conduct warranting a federal custodial sentence in excess of 24 months; mitigation (first offender, guilty plea, remorse, addiction and personal circumstances) and the totality principle justify selecting a sentence at the lower end of the applicable range rather than the Crown's recommended 44 months.
Source excerpt
The court accepted the jointly recommended sentence because it fell within the acceptable sentencing range and served the public interest (plea bargain benefits, victims spared trial, evidentiary difficulties), imposing a conditional sentence of two years less a day with strict house arrest and electronic monitoring followed by three years' probation, restitution totaling $50,000 and additional conditions (no employment handling money, psychiatric assessment), while recognizing aggravating factors including recidivism and the gravity of the frauds.
Source excerpt
After a jury conviction for fraud, forgery, and theft, the court sentenced Daniel Joseph Adrien Tremblay to 22 months on the fraud count, with concurrent sentences on the other counts.
The court convicted Anita Marianne Dunkers of fraud after finding she deceitfully obtained about $204,000 from the Capital Families Association through cheque and accounting record manipulation.
Explore more
