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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 corporation was criminally liable under the Westray amendments and s.22.1 due to the collective marked departure by senior officers from required safety standards, including misinterpretation of an engineering certificate and failure to use available shoring; sentencing balanced denunciation and general deterrence with the company's substantial post-incident remedial measures and limited aggravating features, resulting in fines of $400,000 (Count 1) and $100,000 (Count 2) plus 15% victim surcharges ($60,000 and $15,000 respectively) and restitution of $6,246.25, with an installment paymen…
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The appeal is dismissed because the trial judge properly applied the W.D. credibility framework and his findings—that the appellant intentionally applied force by raising his elbow causing the complainant to be propelled backwards—are supported by the evidence (including the accused's own testimony); there was no reasonable apprehension of bias, no improper reliance on unadvanced theories, no prejudicial disclosure failure, and no ineffective assistance that caused a miscarriage of justice.
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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 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.
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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Sentencing for robbery involving a violent dog theft resulted in an 18-month conditional sentence order, house arrest, restitution, DNA order, and weapons prohibitions.
The Court concluded that conditional discharges, coupled with substantial probation terms and restitution, best served the sentencing objectives of proportionality, denunciation and rehabilitation in the particular circumstances: early guilty pleas, demonstrable remorse, strong prospects for rehabilitation, absence (or limited extent) of violent records, and agreed restitution, while still imposing DNA and s.109 prohibition orders to protect the public; therefore CSOs were declined and conditional discharges with 24 months probation and specified ancillary orders were imposed.
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Sentencing reasons in a long-running welfare fraud case. The accused received an aggregate 2.5-year custodial sentence, restitution of $351,538.98, and a 15-year prohibition.
Sentencing for extortion: the court imposed a two-years-less-a-day conditional sentence and 18 months’ probation, with strict no-contact, treatment, restitution, and weapons orders.
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