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Ontario Court of Appeal upheld a two-years-less-a-day sentence for a large-scale employer fraud, finding a conditional sentence inappropriate given the appellant’s record and deterrence needs.
The Court of Appeal held the RPLA applied to a claim for a beneficial interest in land or damages in lieu, and dismissed the appeal.
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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Defendant breached express trust obligations by failing to account for mortgage proceeds and commingling funds; plaintiffs entitled to adjusted division of sale proceeds and restitution; defendant failed to prove entitlement to claimed interest and settlement offsets; counterclaims dismissed and distribution of funds ordered as set out by the court.
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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.
The court partially struck the defence for disclosure non-compliance and granted limited summary relief on the Hudson Street sale proceeds, preserving set-off issues and leaving damages to be assessed.
The Court of Appeal dismissed Mark Annable’s appeal, holding that Real Estate Services Act s. 31 did not give him a trust claim to commission funds he had not earned under his contract.
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 ordered discharge of Equitable Bank’s mortgage after finding the petitioners reasonably relied on the bank’s payout statement and, alternatively, that the bank breached trust.
On a Rule 9-5(1)(a) application, the court struck the amended notice of civil claim against Dentons Canada LLP and Trustee Jordan Schultz for failure to plead material facts supporting breach of trust.
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