Theft and Fraud (Sentencing Cases)
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Fraud under $5,000
| Case Name | Pr | Ct | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| R v Song, 2017 ABPC 13 (CanLII), per MacDonald J | AB | PC | 6 months CSO | $5,000 approx | The offender pleaded guilty to fraud under $5,000 in relation to 16 instances of making fraudulent refunds while working at Hudson's Bay department store. |
| R v Zentner, 2012 ABPC 94 (CanLII), per Krinke J | AB | PC | discharge | $4,999 | offender was a funeral director who was selling cremation containers and caskets but cut corners by using a different product from what was sold |
| R v Hynes, 2012 CanLII 11926 (NLPC), [2012] NJ 422 (NLPC), per Gorman J |
NL | PC | discharge | fraud x 2, cashed cheques stolen by boyfriend | |
| R v Bent, 2007 NSPC 63 (CanLII), per C Williams J | NS | PC | 9 month CSO | Offender defrauded employer over many months. Breached trust. Had help of a 3rd party. No prior record. Restitution Order. | |
| R v Gordon, 2004 BCCA 294 (CanLII), per Braidwood JA | BC | CA | 20 mo | Summary of case is pending. | |
| R v McSween, 2002 NSSC 225 (CanLII), per LeBlanc J | NS | SC | discharge | The offender was charged with fraud under $5,000. " McSween held himself out as a dispensing pharmacist and asked a pharmacist at another pharmacy to provide him with Dilaudid tablets, claiming his pharmacy had run out of the drugs and that a customer required them. McSween had a drug addiction and the drugs were for his personal use. As in this case, McSween voluntarily sought treatment for his addiction, pleaded guilty and had no prior criminal record. " [Source] | |
| R v Johnson, (1996), 147 N.S.R.(2d) 105 (S.C.)(*no CanLII links) | NS | SC | 1 month imprisonment | $4000 | offender was admissions officer at correctional facility; handled payment of fines; on 9 occasions over 6 years stole $4000; offender age 45, no record, breach of public trust |
| R v Munroe, 1991 CanLII 2485 (NSCA), , 101 N.S.R.(2d) 360 (CA), per Clarke CJ |
NS | CA | 14 days | $3998 | age 18, over several months defrauded employer of $3998 |
| R v Brink, 1983 CarswellBC 1623, [1983] B.C.W.L.D. 2275, [1983] BCJ No. 364(*no CanLII links) | BC | discharge | Offender was a paramedic who stole drugs to feed a narcotics addiction. |
Fraud over $5,000
Social Services Fraud
| Case Name | Pr | Ct | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| R v Isaac, 2009 SKPC 111 (CanLII), per Green J | SK | PC | 16 months CSO | $5,720 | welfare fraud |
| R v Collins, 2011 ONCA 182 (CanLII), per Rosenberg JA | ON | CA | 10 months imprisonment | $96,298.51 | social assistance fraud, where offender was party--67 cheques were obtained--2 years probation ; very large welfare fraud ;sophisticated ; aboriginal offender; on bail for a long time prior to sentencing; was separated from her disabled daughter--one co-accused received 26 months |
| R v Keuris, 2008 BCSC 480 (CanLII), per Barrow J | BC | SC | 6 months CSO | $25k | welfare fraud |
| R v Lougheed, 2003 BCCA 681 (CanLII), per Southin J | BC | CA | 45 days | $6,000 | Offender had one prior unrelated conviction for which she got 45 days. |
| R v Rizzetto, 2002 NSCA 142 (CanLII), (2002), 210 NSR (2d) 67 (CA), per Saunders JA |
NS | CA | 2 years less a day CSO | $137k | social service fraud over 20 years, did not declare correct income--convicted by jury--restitution of $71k. |
| R v Yates, 2002 BCCA 583 (CanLII), per Prowse JA | BC | CA | Suspended | $13,124 | Summary of case is pending. |
| R v D'Amour, 2002 CanLII 45015 (ONCA), per Doherty JA | ON | CA | 90 days + P | $14,636 | Defraud over 2 years. |
| R v Medeiros, 2002 CanLII 45037 (ONCA), per curiam | ON | CA | 9 month CSO | Summary of case is pending. | |
| R v Oliynyk, 2002 SKCA 37 (CanLII), per Lane JA | SK | CA | 10 months + Pr | $157,000 | husband and wife defrauded welfare over 12 years by not reporting wife's income. Described as one of the largest social assistance frauds. Overturned 6 months CSO and 12 months. Judge gave credit time already spent on CSO |
| R v Francis, 2000 CanLII 22052 (ONCA), per curiam | ON | CA | 2 year less a day CSO | Welfare fraud over several years. | |
| R v Hunt, 2000 SKQB 89 (CanLII), per Goldenberg J | SK | SC | 6 months CSO | Summary of case is pending. | |
| R v Anderson-Davis, 2000 BCSC 42 (CanLII), per Boyle J | BC | SC | 18 months CSO | $136,000 | Offender did not reveal large loan. Offender had no prior record. Family and community supports. |
| R v Lawani, 1999 CanLII 3153 (ONCA), per curiam | ON | CA | suspended | $21,000 | Offender plead guilty to 6 counts of fraud under $5,000. |
| R v Cameron, 1999 ABQB 160 (CanLII), per Lee J | AB | SC | 30 days + P | $17,000 | Offender received welfare and did not disclose income, had also filed false medical reports. Occurred over 5 years. Offender was 61 years old and plead guilty. The judge rejected joint recommendation of 18 months CSO. |
| R v McIsaac, 1998 CanLII 4654 (BC SC), [1998] BCJ No. 1946, per Quijano J |
BC | SC | discharge | $44,546 | both husband and wife on US disability for serious injuries. Received social assistance at same time. |
| R v Marcelino, 1998 CanLII 5530 (BCCA), per Southin JA | BC | CA | 3 month CSO | $9,000 |
Offender received welfare and failed to disclose employment income. |
| R v Russell, 1997 CanLII 977 (ONCA), per curiam | ON | CA | 9 months imprisonment | over $28,000 | Offender received welfare for over 20 months. He was 26 years old with a prior record for property offences. |
| R v Wolfchild, 1996 ABCA 78 (CanLII), per Hetherington JA | AB | CA | 60 days | $3902 | Summary of case is pending. |
| R v Carlson, 1996 CanLII 4936 (SK CA), per Wakeling JA | SK | CA | suspended | $17,000 | Offender failed to report income to social assistance over several years. Offender was 62 years old and in poor health. But for health issues, jail would have been ordered. |
| R v Reid, 1995 CanLII 4319 (NSCA), per Matthews JA | NS | CA | $5,545 | 50 days | OFfender did not disclose he was receiving benefits from insurer from MV accident. Offender appealed sentence of 9 months which court found to be "clearly excessive". Offender was 41 years old with no prior record. |
| R c Gentilletti, 1995 CanLII 5087 (QC CA), per curiam |
QC | CA | 10 months imprisonment | Offender cashed 7 social assistance cheques. | |
| R v Knowles, 1994 CanLII 1912 (BCCA), per Taylor JA | BC | CA | Fine | $ 4,200 | Offender received welfare. He did not disclose assets. |
| R v Tanasichuk, 1994 CanLII 3915 (NB QB, per Riordon J | NB | SC | 6 months imprisonment | $37,000 | Offender obtained social assistance over 9 months. He did not disclose that he was living with his partner. He was 26 years old. Had a prior record and was serving 3 year sentence on unrelated offence. |
| R v Friesen, 1994 CanLII 2011 (BCCA), per Taylor JA | BC | CA | 9 months imprisonment | over $12,000 | Offender collected welfare over 5 years. Did not disclose her other income. She had a prior related record and had a history of dishonesty. |
| R v Wilton, (1991), 93 Sask. R. 184(*no CanLII links) | SK | CA | 5 months imprisonment | Offender filed false documents to permit employee to receive unemployment insurance benefits. No prior record. | |
| R v Roche, 1990 CanLII 6483 (NL CA, per Goodridge CJ | NL | CA | 1 month + fine | over $10,000 | Offender received UIC payments over three weeks. A total of 13 people were involved in similar schemes. |
| R v Pelley, 1990 CanLII 6495 (NL CA), per O'Neill JA | NL | CA | 6 months | $100,000 | UIC benefits. Offender was mastermind. Appeal from sentence of 1 day + fine. |
| R v Francis, 1990 CanLII 6485 (NL CA, per Mahoney JA | NL | CA | 30 days + P |
The offender was chief of a native council. Offender issued a false record of employment. The offender did not benefit personally, however, he was in a position of trust. | |
| R v Bingham, 1986 ABCA 45 (CanLII), per Forsyth JA | AB | CA | 4 months imprisonment | $4,000 | Offender defrauded student loan program. Used money to support children. |
| R v Paiero, (1986), 71 N.S.R.(2d) 268(*no CanLII links) | NS | CA | Suspended | Appeal from suspended sentence with 30 months probation. No restitution order. | |
| R v Cahill, 1986 ABCA 7 (CanLII), per McClung JA | AB | CA | 3 years imprisonment | $63,000 |
The offender committed welfare fraud over 3 years. The offender was 40 years old. Plead guilty. Sophisticated scheme. |
| R v McMahon, [1983] BCJ No. 769 (CA)(*no CanLII links) | BC | CA | 7 months imprisonment | $395 | applied for social assistance on fake identity. The offender was aged 24. Was trying to support a partner. |
| R v Kemp, [1981] BCJ No. 446 (CA)(*no CanLII links) | BC | CA | 90 days | $2,600 | offender collected welfare after getting a job. The offender was supporting 10-year-old daughter. 180 hours community service |
| R v Kranjc, [1980] OJ No 775 (CA)(*no CanLII links) | ON | CA | 5 months imprisonment | $7,344 | fraudulently collected benefits for an eye injury already collected upon |
| R v Kirkwood, [1978] BCJ No. 612 (CA)(*no CanLII links) | BC | CA | 9 months imprisonment | $7,300 | defraud welfare over 3 months--offender was 33 years old with no record |
Tax Fraud
| Case Name | Pr | Ct | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| R v Tennina, 2013 ONSC 4694 (CanLII), per Gilmore J | ON | SC | 10 years imprisonment | $17 million | elaborate tax evasion scheme |
| R v Kutum, 2013 ONCJ 241 (CanLII), per Schwarzl J | ON | PC | 2 years imprisonment | $1 million | tax evasion |
| R v Stevenson, 2002 ABCA 41 (CanLII), per curiam | AB | CA | 3 years imprisonment | $1,307,800 | Summary of case is pending. |
Bankruptcy Fraud
| Case Name | Pr | Ct | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| R v Yaremkevich, 2002 ABPC 174 (CanLII), per Allen J | AB | PC | $1,000 fine | Charged under BIA. Summary election. | |
| R v Levac‑Barton, [2001] OJ No 5200 (Ont. Sup. Crt.)(*no CanLII links) | ON | SC | $2,000 fine | Summary of case is pending. | |
| R v Baines, [1989] BCJ No. 372 (BCCA)(*no CanLII links) | BC | CA | 90 days | Summary of case is pending. | |
| R v Sonntag, (1989) 8 W.C.B. (2d) 32 (Ont. Dist. Ct.)(*no CanLII links) | ON | SC | Suspended Sentence | Summary of case is pending. | |
| R v Laschuk, [1988] BCJ No. 99. (BCCA)(*no CanLII links) | BC | CA | 90 days | Summary of case is pending. | |
| R v Langille, [1986] 60 C.B.R. (NS) 55 (NSCA)(*no CanLII links) | NS | CA | 4 months imprisonment | Summary of case is pending. |
Unpublished
Nova Scotia
- R v Pincock, [1]
- November 5, 2018
- $34,524
- 90 days imprisonment, 2 years probation
- R v Procenko, [2]
- June 28, 2018
- ~$250,000
- 2 years imprisonment
- [3]
- Feb 13, 2018
- 2 years imprisonment
Newfoundland
Legend
| Term | PC | SC | CA | S/S |
| Defined | Provincial Court |
Superior Court |
Court of Appeal |
Suspended Sentence |