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Ontario Court of Appeal upheld restitution, a fine in lieu of forfeiture, and the minimum default jail term in a fraud sentence appeal.
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.
Leave to appeal was denied on the fraud causation issue and granted only on whether R. v. Hodgson changes the test for entering a conviction on appeal under the Provincial Offences Act.
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 Claimant failed to establish an arguable case of procedural unfairness or of an important factual error; the Tribunal record shows disclosure of the Commission's case and valid notice, and the General Division's findings on income, false statements, overpayment and penalties were supported by the evidence; therefore the appeal has no reasonable chance of success and leave to appeal is denied.
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The Ontario Court of Appeal dismissed Ms. Hummer’s appeal, holding her guilty plea to fraud was voluntary and informed despite fresh evidence about mental health.
The Court of Appeal dismissed an appeal from the dismissal of motions to set aside a default judgment and to challenge authority to act, upholding costs.
The Court dismissed the appeal, holding the summary trial judge did not err in proceeding summarily, his factual findings rejecting the defences were supported by the uncontested record and discovery, and there was no risk of double recovery because the guarantees imposed joint and several liability and the company had not paid the debt.
Source excerpt
The fresh evidence was inadmissible because it could have been obtained with due diligence and would not have changed the outcome; the evidence did not establish breach of contract, negligence (any alleged negligence caused no loss) or a fiduciary relationship between Coast Capital and the appellant; and the summary trial procedure was not procedurally unfair.
Source excerpt
The court granted committal in an extradition case, finding a prima facie fraud case based on the ROC and witness evidence, and rejecting objections to identification and reliability.
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