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On sentence appeal, the Court of Appeal reduced Deborah Oguntoyinbo’s global sentence, vacated the sentence on a withdrawn count, and adjusted restitution orders.
Extension of time was granted because appellants demonstrated a continued bona fide intention to appeal, respondents would not be unduly prejudiced by the delay, and it was in the interests of justice to decide the appeal on its merits; security for costs was ordered because appellants are in precarious financial circumstances, there is a real risk of non-recovery, the appeal's merits are weak, and the balance of prejudice favours requiring security for both the appeal and the Supreme Court proceedings.
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The Court of Appeal for Ontario dismissed Daniel Reeve’s appeal from fraud and theft convictions arising from interconnected Ponzi schemes and rejected his expert-evidence arguments.
The Court of Appeal upheld summary judgment against Prado, but set aside punitive damages to Capital Canada and sent Steiner’s knowing receipt claim to trial.
The Court of Appeal held that refusing leave to amend to plead civil fraud is a final order, so the insurers’ appeal may proceed and the motion to quash was denied.
The Ontario Court of Appeal dismissed an appeal from an order striking pleadings for non-payment of a costs award, and awarded the respondents $25,000 costs.
The court exercised its discretion to allow the plaintiff to further amend the amended notice of civil claim and to add BIM, Topbas and Promotors as defendants because there is a triable issue as to beneficial ownership and agency, no compelling evidence of prejudice or abuse of process was shown, and BIM did not present sufficient evidence to set aside the warrant or caveat; a change in legal ownership alone is insufficient to defeat an in rem claim at this early stage.
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A custodial sentence of nine months was necessary because the aggravating factors (senior position of trust as CEO, prolonged and numerous personal uses of public resources, motive of greed, lack of meaningful insight, reputational and institutional harm) outweighed mitigating factors (first offender, repayment); a CSO would not adequately achieve denunciation and deterrence in this case; impose 9 months custody, 24 months probation, ancillary order under s.380.3 for 10 years, and waive victim fine surcharge.
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The court struck the responses of three defendants for chronic non-compliance and entered judgment on pleaded fraud, loan, investment, and enrichment claims.
The court found Tong Zhang was the true investor in several British Columbia real estate projects and held Hang Yin liable for fraud, trust breaches, and related equitable wrongdoing.
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