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The British Columbia Court of Appeal dismissed Daniel Blake’s appeal from summary dismissal of theft, fraud, and negligence claims arising from a CRA Request to Pay against his TD Bank account.
Given the serious privilege and confidential informant issues and the potential that the innocence at stake test may be engaged, and because the Crown agrees that other grounds of appeal should be determined first, the court converted the matter to a solicitor appeal, granted a s.684(1) order and appointed counsel (Mr. Lacy) for the limited purpose of pursuing the motion for directions; the Associate Chief Justice will case manage the matter and the motion will proceed only if other grounds fail.
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On sentencing for multiple property offences, the court imposed a global 28-month custodial sentence, credited pre-sentence custody at 1.5:1, and added 24 months of probation.
The court convicted because (1) verified expert friction-ridge analysis identified the unknown left-hand prints and a palm on the exterior window as deposited by Gregg Mitchell Keeney; (2) surveillance video fixed the timing and shows the prints being applied while the window was being forced open in immediate temporal connection with the entry; and (3) circumstantial evidence (conduct at scene, handling and transfer of items, knowledge from prior employment, coordinated actions of three individuals) eliminated reasonable innocent inferences so that guilt as a party to break and enter, theft…
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The court found Mr. Chapman guilty of break and enter. It held his evidence did not rebut the presumption of intent and rejected necessity.
Oral sentencing reasons in which the court imposed a global two-year custodial sentence, 24 months’ probation, a DNA order, and waived the victim surcharge.
Sentencing on a joint submission: the court accepted a time-served result, imposed 18 months’ probation, waived the victim surcharge, and ordered psychiatric assessment and counselling.
The court acquitted Melanie Robertson of fraud and theft, finding the Crown’s largely circumstantial case did not exclude reasonable alternative inferences.
Sentencing for a long-running workplace fraud and theft by a dental receptionist. The court rejected a conditional sentence and imposed custody, probation, restitution and a 10-year prohibition order.
On the balance of probabilities the tribunal accepted the employer's evidence and found the employee intentionally took two bottles of alcohol that were not solely intended for him, that he knew or ought to have known this could lead to dismissal, and therefore his conduct constituted wilful misconduct disqualifying him from EI benefits under s.30 of the Employment Insurance Act.
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