Canada Case Law

R. v. Mills

Court

Court of Appeal for Ontario

The sentencing judge erred by imposing an 'exceptionality' threshold for discharge under s.730; proper balancing of the accused's best interests against the public interest, considering guilty plea, lack of prior record, remorse, restitution, the accused's cognitive and psychological vulnerabilities, minimal personal gain, absence of physical harm, and the adverse employment consequences of a conviction, supported substituting an absolute discharge for the conditional sentence.

Source excerpt

• Discharge under s.730
• Conditional sentence
• Restitution
• General deterrence
• Rehabilitation
• Record suspension

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C. K. v. Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

On the balance of probabilities the Commission proved the appellant submitted 31 false claims for products and services not received; this repeated, deliberate conduct amounted to willful misconduct that destroyed the trust inherent in the employment relationship and therefore the appellant lost employment due to her own misconduct under s.30(1) of the Employment Insurance Act.

Source excerpt

• Misconduct
• Employment insurance disqualification
• False claims
• Benefit entitlement
• Settlement agreement effect

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R. v. Watson

Court

Court of Appeal for Ontario

The Court upheld the convictions and the five year sentence because the trial judge's inferences were reasonable and grounded in logic and circumstantial evidence (not speculation), the Kienapple principle did not apply because the offences had different legal elements, and the sentence was not demonstrably unfit given the seriousness and aggravating factor of abuse of office.

Source excerpt

• Fraud
• Forgery
• Breach of trust
• Obstruction of justice
• Sentencing
• Kienapple principle

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R. v. Bou-Daher

Court

Nova Scotia Provincial Court

The Crown's evidence only established Badour's presence at Key Largos with the co-accused at or near the time the fire started; there was no evidence he brought an accelerant, started the fire, had any financial interest or discernible motive, or otherwise acted to assist in setting the fire; those facts do not permit a reasonable jury, properly instructed, to infer guilt beyond speculation, therefore the accused must be acquitted.

Source excerpt

• Directed verdict
• Circumstantial evidence
• Motive
• Opportunity
• Joint enterprise
• Standard of review for sufficiency of evidence

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R. v. De La Boursodiere

Court

Supreme Court of British Columbia

On sentencing for fraud and forgery involving false insurance claims, the court imposed six-month concurrent conditional sentences with house arrest, curfew, and community work.

• Fraud under $5,000
• Attempted fraud
• Forgery
• Use of forged document
• Conditional sentence
• Victim fine surcharge

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R. v. Mirzakhalili

Court

Court of Appeal for Ontario

The Court allowed the Crown's appeal, holding the conditional sentences were demonstrably unfit for a well-planned arson committed to obtain $200,000 insurance proceeds that risked lives and endangered firefighters; applying precedent (Fox, Hirnschall) the appropriate penalty at this stage was set at 12 months custody for each respondent, substituting the original conditional sentences of two years less a day.

Source excerpt

• Conditional sentence
• General deterrence
• Denunciation
• Moral blameworthiness
• Precedent
• Fitness of sentence

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Gabrilo v. Greater Vancouver Transportation Authority

Court

Supreme Court of British Columbia

The court found the plaintiff proved a shoulder injury from a bus accident, but limited damages because ongoing symptoms were not shown to be caused by the accident.

• Causation
• Damages quantum
• Credibility
• Intervening events
• Non-pecuniary damages
• Future wage loss

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R. v. Zeek

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal granted leave but dismissed a sentence appeal, upholding 12 months’ imprisonment for public mischief and fraud.

• Conditional sentence eligibility
• Sentencing principles (denunciation, deterrence, rehabilitation)
• Post-charge conduct and sentencing
• Remorse in mitigation
• Fresh evidence on sentencing
• Conditional-sentence-orders

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Insurance Corp. of British Columbia v. Sun

Court

Supreme Court of British Columbia

Voir dire ruling admitting alleged co-conspirator statements in an insurance-fraud civil trial, while modifying the Carter test for civil cases and applying necessity and reliability.

• Co-conspirators' exception to hearsay
• Principled approach to hearsay (necessity and reliability)
• Modification of carter test for civil cases
• Jury directions on conditional admissibility
• Multiple conspiracies
• Hearsay

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