Theft and Fraud Between $100k and $1,000k (Sentencing Cases)

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This page was last substantively updated or reviewed May 2024. (Rev. # 92735)

Offence Wording

Punishment for theft

334 Except where otherwise provided by law, every one who commits theft

(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii) an offence punishable on summary conviction; or
(b) if the value of what is stolen is not more than $5,000, is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20; 2019, c. 25, s. 122.

CCC (CanLII), (DOJ)


Note up: 334

Fraud

380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

Minimum punishment

(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1) [fraud], the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

Affecting public market

(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C-46, s. 380; R.S., 1985, c. C-46, s. 380; R.S., 1985, c. 27 (1st Supp.), s. 54; 1994, c. 44, s. 25; 1997, c. 18, s. 26; 2004, c. 3, s. 2; 2011, c. 6, s. 2.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 380(1), (1.1) and (2)

Between 100k and 1,000k

See also: Fraud (Sentencing Cases), Theft and Fraud Between 5k and 100k (Sentencing Cases), and Theft and Fraud Over $1,000,000 (Sentencing Cases)
Case Name Pr Ct Sentence Amount Summary
2024
R v Korobko, 2024 ABKB 202 (CanLII), per Leonard J AB SC 3 years 337k
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Keywords: None
R v Roy, 2024 ABKB 142 (CanLII), per Mandziuk J AB SC $160,274.19
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Keywords: None
R v Oakes, 2024 PESC 11 (CanLII), per Clements J PEI SC 2 years less a day $425,000
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Keywords: None
2023
R v Konashewych, 2023 ONSC 6743 (CanLII), per Dunphy J ON SC
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Keywords: None
R v Mann, 2023 ABPC 17 (CanLII), per Fraser J AB PC 3.5 years $456,685.13 "the offender was convicted of fraud and transferring proceeds of crime to her own use in the amount of $456,685.13 over a period of three years. The sentencing judge considered the categories listed in Davis and found that the offender did not come within either Category 1, because of the amount of the fraud, or Category 2, because she was not a lawyer. The sentencing judge concluded a range of sentence of 3-4 years was appropriate, because the offender was in a position of trust, the amount of the fraud, and the fraud disadvantaged children’s charities. A sentence of 3.5 years was imposed with a fine in lieu of forfeiture."
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Keywords: None
R v Martin, 2023 ABCJ 122 (CanLII), per Hinkley J AB PC 2 years $285,000 Defrauded Northern Lakes College.
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Keywords: guilty plea — cheque forgery — almost 2 year offence — registrar offender — no record — treatment history — remorse
R v Pandit, 2023 ABPC 6 (CanLII), per Groves J AB PC 18 months $443,206
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Keywords: guilty plea — three victims — no record — mental health issues — alcohol abuse
R v Fortune, 2023 ONCJ 193 (CanLII), per Borenstein J ON PC 15 months $300k
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Keywords: found guilty — investment fraud — 55-year-old offender — no recrod — minor mental health issues — fine-in-lieu
2022
R v Cvetas, 2022 ONSC 1640 (CanLII), per Foretall J ON SC 12 months imprisonment $317,000
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Keywords: None
R v Williams, 2022 QCCQ 3291 (CanLII), per Galiatsatos J QC PC 2 years less a day $619,000
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Keywords: shipping container — $619,000 — cigarettes
R v Cvetas, 2022 ONSC 1640 (CanLII), per Forestell J ON SC 12 months imprisonment (theft)
$317,000
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Keywords: 47-year-old offender — $317,000 — godmother victim — full restitution — 10-month duration
2021
R v Riasyk, 2021 ONSC 5981 (CanLII), per J ON SC 8 months / 16 month CSO $220,000 "the offender pleaded guilty to defrauding his ailing father of $220,000 using a power of attorney. The accused had addictions to opiates and crack cocaine. The offender received a prison sentence of 8 months and a consecutive conditional sentence of 16 months, followed by 3 years probation."
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Keywords: guilty plea — power of attorney
R v Quarshie, 2021 ABPC 110 (CanLII), per Dinkel J AB PC 2 year, 4 months $455,670 CEO of 16 years.
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Keywords: None
R v Scholz, 2021 ONCA 506 (CanLII), per Nordheimer JA ON CA 3 years imprisonment
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Keywords: None
R v Tran, 2021 ONSC 1888 (CanLII), per Allen J ON SC 2 years less a day CSO $291,459.12
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Keywords: None
R v Booker, 2021 ONCJ 625 (CanLII) ON PC 12 months imprisonment (Booker)
10 months CSO (Wyer)
$125,000
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Keywords: None
R v Manickam, 2021 ONCA 668 (CanLII), per Tulloch JA ON CA 18 months $2500,000
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Keywords: None
R v Ahmed, 2021 ONSC 6968 (CanLII) ON SC 30 months imprisonment 300,000
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Keywords: None
R v Merkel, 2021 BCCA 445 (CanLII), per Fitch JA BC CA 2 years imprisonment $109,000
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Keywords: None
R v Whittaker, 2021 BCPC 8 (CanLII), per Dyer J BC PC
2020
R v Abdulahi-Sabet, 2020 BCCA 213 (CanLII) BC CA $142,933.26
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Keywords: None
R v Rootenberg, 2020 ONSC 5928 (CanLII), per Allen J ON SC 6 years imprisonment $595,000
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Keywords: None
R v Chandroo, 2020 QCCQ 3571 (CanLII), per Mascia J QC PC $900,000
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Keywords: None
R v MacLeod, 2020 ONCA 596 (CanLII), per curiam ON CA 3 years $350,000
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Keywords: None
R v Barchichat, 2020 QCCA 282 (CanLII), per Hesler JA QC CA 22 months CSO $104,000 "the offences occurred between November 1, 2008 and August 4, 2010 and that the defrauded sums, totalling $104,500 and spread out among four groups of complainants, range from $5,200 to $70,000"
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Keywords: None
2019
R v Evanson, 2019 ABCA 122 (CanLII) AB CA 2 years less a day imprisonment $500k "There was a guilty plea on a $545,773.00 Trust Fraud over 10 years with 1,066 transactions. The money was used to pay for day-to-day expenses. The offender transferred his shares in the company back to the company and they were valued at $253,620. However, there was also some suggestion that the offender was able to join the company at no cost to him, so there may have been no actual value in the shares. In addition, there was restitution of $25,000.00 in cash and a Consent Judgment for the balance owing of $300,000. The Court found that the civil judgment was not equivalent to restitution. The Court stated that restitution was a mitigating factor."
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Keywords: None
R v Sharma, 2019 ONCA 274 (CanLII), per Pardu JA ON CA $488,178.37
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Keywords: None
R v Saucier, 2019 ONSC 3611 (CanLII), per Lacelle J ON SC 15 months imprisonment $215,000
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Keywords: None
2018
R v Johnson, 2018 NSSC 338 (CanLII) NS SC 18 months CSO $100,000 "the offender, over a three-year period, stole over $100,000 from her employer by way of seventy-six fraudulent cheques. She was pressured by an abusive intimate partner to submit false medical-expense-reimbursement claims to her employer's health plan. The offender was a member of a first nation; an agency of that first nation was the victim. She had a limited and dated criminal record. She pleaded guilty and was remorseful. She received a conditional-sentence order of 18 months, followed by probation with restitution.
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Keywords: None
R v Schulz, 2018 ONSC 5449 (CanLII) ON SC
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Keywords: None
R v Kothary, 2018 ONCJ 133 (CanLII), per Silverstein J ON PC 2 years + probation $467k
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Keywords: None
R v Dunkers, 2018 BCCA 363 (CanLII) BC CA 5 years $204,197.80 "the offender was found guilty of one count of fraud contrary to s 380(1)(a) of the Criminal Code for having defrauded a nonprofit organization of $204,197.80 over a two-year period. The fraud created a financial crisis for the non-profit and it ceased operating. The Crown sought a sentence of 4 years imprisonment and full restitution. The defence agreed with the Crown’s sentencing position. The sentencing judge concluded the offender’s moral culpability was high and that the crime had a significant impact on the community. The sentencing judge imposed a sentence of 5 years imprisonment with restitution for the full amount. The offender appealed, arguing the restitution order rendered the sentence unnecessarily harsh and excessive. The appeal was dismissed." R v Korobko, 2024 ABKB 202 (CanLII), at para 71 https://canlii.ca/t/k3zgh
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Keywords: None
R v Ahmad, 2018 ONSC 518 (CanLII) ON SC 15 months $140,000 "offender, age 51, no criminal record; over $140,000.00 fraudulent deposits in a sophisticated, deliberated scheme; some recovery of funds; no remorse; sentence 15 months’ imprisonment, 2 years’ probation."
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Keywords: None
2017
R v Venkatacharya, 2017 ONSC 1187 (CanLII), per Bloom J ON SC "offender no criminal record; no guilty plea; large-scale fraud of over $500,000.00 involving 12 prospective borrowers who paid due “diligence fees” for non-existent loans; great impact on victims; no chance of recovering monies; show of remorse; 3 years’ prison minus pre-trial custody."
R v O’Shea, 2017 ONCJ 736 (CanLII), per Dumel J ON SC 18 months $193,492.58
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Keywords: found guilty
R v Christie, 2017 ONSC 4095 (CanLII) ON SC
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Keywords: None
R v Gursky, 2017 MBCA 36(*no CanLII links) MB CA 3.5 years
Keywords: None
R v Roberts, 2017 ONSC 1071 (CanLII), per Broad J ON SC
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Keywords: None
R v Pastore, 2017 ONCA 487 (CanLII) ON CA 15 months imprisonment
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Keywords: None
R v Mathur, 2017 ONCA 403 (CanLII) ON CA "In Mathur, the accused was an accountant and real estate agent/broker. Over a two year period, he used confidential information from his real estate clients without their knowledge or consent and prepared 292 false tax returns. He also created T4 slips from two fictitious companies. He generated refunds on the tax returns and received $35, 321 from the federal government. He had attempted to obtain over $300, 000. For this conduct, he was found guilty of one count of fraud over $5, 000, which suggests that the matter proceeded by way of a guilty plea. ...The 65 year old accused had no prior record. At the time of the sentencing hearing, he had the full support of his family and he had taken psychological counselling and gained some insight into his behaviour. He offered to make restitution, though no order was ultimately imposed. The court had evidence that he had lost his accreditations to work as an accountant and as a real estate agent/broker. ...The Court of Appeal noted the offence involved a breach of trust and found that given the aggravating factors involved the sentencing judge was correct to emphasize general deterrence and denunciation. The aggravating factors included the degree of sophistication and planning involved, the significant number of transactions, the duration of the fraud (27 months), and that the accused was caught and had not voluntarily terminated his activities. The Court of Appeal upheld the 12 month sentence imposed by the trial judge and held that a conditional sentence would not have achieved the goals of general deterrence and denunciation." (Quoting from R v Saucier, 2019 ONSC 3611 (CanLII))
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Keywords: None
R v Inshanalli, 2017 ONCJ 234 (CanLII), per West J ON PC 3.5 years imprisonment $460k She had paid about 54k in restitution before sentencing. She had a gambling addiction. He prior criminal record included two convictions for major fraud.
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Keywords: None
R v Fontana, 2017 ONSC 2964 (CanLII), per Edwards J ON SC
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Keywords: None
2016
R v Sampson, 2016 ONCJ 128 (CanLII), per Blouin J ON PC CSO $232,566
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Keywords: None
R v Ogier, 2016 ONCJ 363 (CanLII), per McKay J ON PC 30 months $313,000
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Keywords: None
R v Schoer, 2016 ONSC 1127 (CanLII), per Gilmore J ON SC 4 years imprisonment $413,500 "an investment adviser was sentenced to four years for defrauding 14 victims of a total of $413,500, over a period of eight years. Many of the victims were elderly and could not afford the losses they sustained. Mr. Schoer was in a position of trust. He was 51 years old, married with three children and had no criminal record. He had good character references and had already repaid one victim $72,000. Mr. Pavao has repaid nothing and the extent of his fraud is considerably more. " (Quoting from R v Pavao, 2018 ONSC 4889 (CanLII))
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Keywords: None
R v Walker, 2016 ABQB 695 (CanLII), per Ackerl J AB SC 3 years imprisonment $315,000 The offender defrauded 5 investors. He was 70 years old at the time of the offence. The victims were not affluent.
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Keywords: None
R v Hussein, 2016 CanLII 32833 (ONSC), per Turnbull J ON SC 30 months imprisonment $400,000 (approx.) The offender defrauded the bank by cashing a series of cheques.
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Keywords: None
2015
R v Stergiou, 2015 ABCA 35 (CanLII), per curiam AB CA 18 months $547,840 Guilty plea. Occurred over 26 months. 303 transactions.
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Keywords: None
R v Piccinini, 2015 ONCA 446 (CanLII), per curiam ON CA 6 years imprisonment $900,000 This case "involved an extensive fraudulent scheme in which phone calls were placed to elderly Americans who were deceived into forwarding funds to assist grandchildren they were told had been arrested. The scheme netted $900,000. Mr. Piccinini was the leader of the group carrying out the scam. He was sentenced to six years imprisonment. He had strong family support, had expressed remorse and had entered a guilty plea. Mr. Pavao’s fraud was larger and he does not have the mitigating effect of a guilty plea." (Quoting from R v Pavao, 2018 ONSC 4889 (CanLII)), at para 100
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Keywords: None
R v Kaminsky, 2015 SKPC 39 (CanLII), per O'Hanlon J SK PC 3 years $639,700
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Keywords: None
R v Maddalena, 2015 BCSC 2474 (CanLII), per Maisonville J BC SC 4 years imprisonment $205,286.44 "May 2004 until May 2006, Mr. Maddalena manipulated the payroll system ... he overpaid himself a substantial amount of money. As well, Mr. Maddalena manipulated tax remittances from Kirk, overpaying the Canada Revenue Agency in order to enjoy greater tax refunds."
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Keywords: None
R v Fiorillo, 2015 ONCA 328 (Ont. C.A.) ON CA 1 year 267,082.00 The "offender, age 48, health issues; first-time offender; with others used fake purchasers to purchase properties with fraudulent documentation on financial status of purchasers; mortgage funds advanced on strength of these deceitful representations; large-scale fraud $267,082.00 from which offender received $110,000.00; no remorse."
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Keywords: None
R v Elander, 2015 ABQB 299 (CanLII), per Germain J AB SC 42 months imprisonment $400,000+ The offender was convicted after a six-month trial. He assisted in a mortgage fraud scheme where properties were sold to strong buyers who would take out inflated mortgages. The offender used his status as a lawyer to complete the transactions.
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Keywords: None
R v Primeau, 2015 QCCQ 2028 (CanLII), per LaFlamme J QC 45 months, 26 days $439,638 "The accused, director and majority shareholder in an investment company, had a fiduciary duty toward his investors. Nevertheless, he planned a wide-ranging fraudulent scheme to misappropriate certain amounts for personal purposes. The accused had no criminal record, pleaded guilty, was in therapy, and expressed certain regrets. Greed motivated his actions." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
Keywords: None
2014
R v Knight, 2014 ONSC 6601 (CanLII), per Beaudoin J ON SC "finance director of a charity for developmentally delayed adults pleaded guilty to stealing at least $550,000 over eight years. She was sentenced to four years in prison and required to pay $200,000 in restitution. The other $350,000 was awarded in a civil judgment"
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Keywords: guilty plea — director of finance — charity for disabled — 8-year offence
R v Gibb, 2014 ONSC 5316 (CanLII), per Daley J ON SC $100,000
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Keywords: found guilty — investment fraud
R v Wellman, 2014 QCCA 524 (CanLII), per curiam QC CA 30 months imprisonment $890,000 The offender pleaded guilty to fraud, forgery, and uttering forged documents. "Over a period of three years, while he was treasurer for his union, the accused defrauded the union of a total of $890,000. The accused was addicted to gambling and had reimbursed a total of $386,000. Despite his guilty plea, the therapy he had begun, his lack of a criminal record, and his lowered risk of reoffending, the Court considered the nature and extent of the fraud, the principle of abuse of a position of trust, the degree of premeditation, and the fact that the accused personally benefited from the fraud."(Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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Keywords: None
R v Regnier, 2014 ONSC 3808 (CanLII), per Pelletier J ON SC 18 months imprisonment ~$300,000 The offence was spread over 4 years. Funds were spent on luxuries.
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Keywords: None
R v Karigar, 2014 ONSC 3093 (CanLII), per Hackland J ON SC 3 years imprisonment $460,000 bribing a public official.
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Keywords: None
R v Maxwell, 2014 ONCA 316 (CanLII) ON CA 4 years $375,000 "offender convicted of defrauding a bank in the amount of $375,000.00; scheme involved several individual transactions that took place during a period of about 1-month; trial sentence of 4 years’ imprisonment; appellate court upholds trial sentence."
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Keywords: None
R v Fiorilli, 2014 ONSC 1117 (CanLII), per Trotter J ON SC 12 months imprisonment $267,082 Defrauded CHMC and RBC in two mortgage transactions. Rejected CSO. Restitution Ordered. No DNA Ordered.
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Keywords: None
R v Bondok, 2014 ONSC 394 (CanLII), per R Smith J ON SC 3.5 years x 2 (fraud) $497k Offender stole PIN number for ING account of victim, withdrew funds
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Keywords: None
R v Savard, 2014 QCCQ 3153 (CanLII), per Couture J QC 16 months imprisonment $135,600 "The accused, who was in charge of accounting, misappropriated a total of $135,600 over a period of thirty-one months. She pleaded guilty, offered reimbursement, presented a low risk of reoffending, and expressed regret. The Court took into account her prior convictions for theft, the total amount of the fraud and theft, the period over which the illegal acts took place, her abuse of a position of trust and authority, the fact that she also acted out of greed and thirst for profit, and imposed a sixteen-month sentence of imprisonment with a restitution order of $70,000 followed by a two-year probation period." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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Keywords: None
R v Dreger, 2014 BCCA 54 (CanLII), per Bennett JA BC CA She "appealed her sentence of five years’ jail for using her position as a trusted bookkeeper to defraud her employer, a small family-owned company, of just over $245,000 over a seven-year period. The amounts she stole increased significantly each year she was involved in the scheme and were used to support an extravagant lifestyle. The offender entered a guilty plea, had no prior criminal record, and consented to a civil judgment, although nothing had been paid on account of the debt by the time of the sentencing. The Court of Appeal found the sentencing judge erred in finding Ms. Dreger’s lack of remorse was an aggravating factor and reduced the sentence to four years."
2013
R v Dwyer, 2013 ONCA 34 (CanLII), per Rosenberg JA ON CA 3.5 years
R v St-Martin, 2013 QCCQ 6422 (CanLII), per Chapdelaine J QC PC 15 months and probation $809,975 "The Court imposed a fifteen-month sentence of imprisonment followed by two years of probation on an accused who had embezzled $809,975 from his employer by granting fictional loans to fictional clients. The evidence shows that the accused personally benefited from $402,247, using $104,428 thereof for personal purposes. He pleaded guilty, had no criminal record, and expressed regret and shame. The victim recovered $344,000 through civil suits. The judge found that the duration and extent of the fraud, the complex scheme, the abuse of a position of trust, and the accused’s personal gain were all aggravating factors." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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Keywords: None
R v Hope, [2013] O.J. NO. 1078, (C.J.)(*no CanLII links) ON PC $390,000
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Keywords: None
R v Garrick, 2013 ONSC 1798 (CanLII), per McCombs J ON SC 12 months imprisonment $261,000
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Keywords: None
R v Singer, 2013 ONSC 4035 (CanLII), per Hainey J ON SC 2 years less a day $300,000
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Keywords: None
R v Maskwa, 2013 SKPC 15 (CanLII), per LaBach J SK PC 2 years less a day CSO $146,946.61 theft from employer Avis Rental
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Keywords: None
R v Samson, 2013 QCCQ 95 (CanLII), per Boulet J QC 2 years less a day CSO with probation $186,000 " The accused defrauded the company for which she worked as an accounting secretary of $186,000 over a two-year period. She pleaded guilty, began therapy, and expressed remorse and regret. Despite a reimbursement of $28,000 and $5,000 from the insurer, the company suffered a significant loss. The Court imposed a conditional sentence of two years less one day, followed by three years of probation." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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Keywords: None
R v Stevens, 2013 ABPC 8 (CanLII), per Fradsham J AB PC 2 years imprisonment $205k Offender used his position in his job to make 13 invoices to himself through a consultancy company. CSO rejected.
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Keywords: None
R v Grondin, 2013 QCCQ 9968 (CanLII), per Boulet J QC 2 years less a day with probation $195,000 "The accused, an employee of the Caisse populaire Desjardins, pleaded guilty to charges of fraud in the amount of $195,000, which took place over a period of three years. The Court imposed a conditional sentence of two years less one day and three years’ probation, taking into account her remorse and low risk of reoffending. The Court considered her abuse of a position of trust in relation to her employer, the employer’s significant monetary loss, and the duration of the fraud." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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Keywords: None
2012
R v Sauriol, 2012 QCCQ 7766 (CanLII), per Landry J QC PC 2 years less a day CSO $541,090 "The accused pleaded guilty to eleven counts of fraud, committed when he was working as a financial planner with the Great-West insurance company. He thereby obtained $541,090 over a period of three years. The accused was 57 years old and lost everything following his conviction. The Court took into account his lack of criminal record, guilty plea, cooperation with the investigation, health problems, and his expressed remorse, and imposed a conditional sentence of two years less one day to be served in the community, followed by three years’ probation." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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Keywords: None
R v Abedi,
2012 ONCJ 540 (CanLII), [2012] OJ No 4029 (CJ), per Borenstein J
ON PC The offender played a small part in a conspiracy to commit fraud of over $14 million. "The accused’s conduct resulted in a loss of approximately $850,000.00 of which he had personally received $50,000.00 for his involvement."(Quoting from R v Reeves, 2018 ONSC 3939 (CanLII)), at para 49
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Keywords: None
R v Taylor,
2012 ONCA 809 (CanLII), 294 CCC (3d) 483, per Rosenberg JA
ON CA 21 months $126,000
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Keywords: None
R v Ford, 2012 NSSC 340 (CanLII), per Bourgeois J NS SC 12 months imprisonment $322,634 ran a pharmacy on a reserve, made false prescription claims to government--occurred over 18 months--remorseful, was using drugs at time--CSO rejected
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Keywords: None
R v Parkes, 2012 SKQB 257 (CanLII), per Acton J SK SC 36 months imprisonment $179k offender convicted of defrauding vulnerable senior citizen
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Keywords: None
R v Garrick, 2012 ONSC 2528 (CanLII), per Ricchetti J ON SC 23 months CSO $139k offender convinced three victims to invest money in an IPO
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Keywords: None
R v Frijters, 2012 ABPC 182 (CanLII), per Fraser J AB PC $304,474.37 The offender was a used car salesman.
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Keywords: None
R v Hatche, 2012 SKPC 38 (CanLII), per D Scott J SK PC 2 years less a day CSO $143,452.30
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Keywords: None
R v Judd, 2012 BCPC 7 (CanLII), per Chen J BC PC 2 years imprisonment $204,070 "the offender was a mother of a seven-year-old child and volunteer with a soccer club whose duties included responsibility for the club’s finances. Over a period of five years, she stole over $200,000 from the club by writing cheques payable to herself and her husband or by taking cash. She also fraudulently altered bank statements. In imposing a sentence of two years’ incarceration and a restitution order for the full amount, the court noted the serious breach of trust and the planning and manipulation used to execute the crimes." (Quoting from R v LeRiche, 2018 NLSC 145 (CanLII)), at para 26
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Keywords: None
R v Pickering, 2012 BCPC 213 (CanLII), per Jardine J BC PC 4 years $480,025
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Keywords: guilty plea — partial repayment — family friend victim — 75-year-old victim
R v Slattery, 2012 ONSC 792 (CanLII), per Wilson J ON SC $77k found guilty
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Keywords: None
R v Bandiera, 2012 ONSC 6015 (CanLII), per Mulligan J ON SC 5 months imprisonment ~$400,000 The offender was a bookkeeper. The offence occurred over 4 years.
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Keywords: None
R v Zenari, 2012 ABPC 7 (CanLII), per LeReverend J AB PC CSO $225k+ This "was a fraud of $225,000 by a constable from the Edmonton Police Service by forging signatures of staff sergeants 71 times for overtime claims. He pled guilty and made restitution. He was given a Conditional Sentence Order of 2 years less a day. The Court of Appeal, citing the above quote from Fulcher as binding jurisprudence, called for a custodial sentence in cases of employee theft. Taking into account the guilty plea and the restitution, a sentence of 18 months actual incarceration was substituted."
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Keywords: Police officer offender — false overtime
R v Kaziuk, 2012 ONCJ 34 (CanLII), per Baldwin J ON PC 10 years imprisonment breach of trust, used power of attorney to defraud mother of $20,000, guilty of 334(a) and 380(1)(a) after trial, 69 prior related convictions
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Keywords: None
R v Coulombe, 2012 QCCQ 4274 (CanLII), per Boulet J QC 12 months imprisonment $179,188.65 "The accused, a civil servant at the Government of Quebec’s Ministère des Transports, used forged invoices to collect $179,188.65 over a period of three years. When he pleaded guilty to breach of trust, he had reimbursed $90,000. The accused did not recognize his wrongdoing or take responsibility for his actions. The judge sentenced him to twelve months’ imprisonment."
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R v Perez, 2012 ABCA 393 (CanLII), per curiam AB CA 12 months imprisonment $116,000 $116,000 stolen, $49k not recovered. History of gambling addiction. Overturn sentence of 2 year less a day CSO.
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Keywords: employer victim
2011
R v Kioussis, 2011 ONCJ 823 (CanLII), per Rutherford J ON PC 2 years less a day CSO $607k The offender pleaded guilty to fraud. She was a law clerk and office manager for a real estate law firm. She was 64 years old at the time. She had been dealing with anxiety, depression, and stress arising out of ill husband and elderly mother. She paid back the entire amount with interest in restitution before sentencing. The judge also order 100 hours community service and 18 months probation.
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Keywords: None
R v McConnell, 2011 ONCJ 476 (CanLII), per Schnall J ON PC 3 years imprisonment $836,739.56 The offender was a teacher who defrauded school board while employed there over 10 years. He had taken from the Athletic fund. He was in breach of trust. There was some sign of a gambling addiction but nothing significantly mitigating. He was not likely to re-offend.
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R v Dube, 2011 ABQB 410 (CanLII), per Eidsvik J AB SC 6 years imprisonment $500k The offender and accomplices convinced several people to invest money in several clinics that he claimed to own--prior record for related offences. The offender "posed as a doctor to defraud another doctor by inducing the victim to invest $500,000 into a corporation which purportedly owned numerous medical clinics, but in fact did not own any. Some aggravating factors (such as an extensive and related record) were present which are not factors herein. The court accepted the principle objectives in this sentencing were denunciation and deterrence. The high degree of responsibility was considered. A breach of trust was involved, the scheme was elaborate and carefully orchestrated, and there was a pattern of repetitive fraudulent behaviour. There were few mitigating factors. The Crown suggested a five‑ to ten‑year range, while the defence argued that a conditional sentence order or jail for two to three years was appropriate. Justice Eidsvik reviewed the authorities and determined the appropriate sentence was six years in a federal penitentiary." (Quoting from R v Fast, 2014 SKQB 161 (CanLII)), at para 62
Keywords: None
R v Slobbe, 2011 BCCA 107 (CanLII), per Levine JA BC CA 8 years (global)
2 years (fraud #1)
6 years (fraud #2)
712,282.78 The offender was an employee of a small business and used her position to steal over $700k. She pled guilty to 11 counts of fraud. She had a prior related record.
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Keywords: None
R v Lamoureux, 2011 ONSC 5497 (CanLII), per Pelletier J ON SC 18 mo CSO $700k
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R v BL, 2011 QCCQ 783 (CanLII), per Beaulieu J QC 2 years less a day and probation $630,000 "The accused pleaded guilty to defrauding her employer of $630,000 when she worked as an administrative assistant. The fraud took place between 2002 and 2006. Although she had no criminal record and the risk of reoffending was low, the Court considered her abuse of a position of trust in relation to her employer, which required planning and premeditation, to be a very aggravating factor." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Croteau-Ruthledge, 2011 QCCQ 1770 (CanLII), per Marchand J QC PC 15 months and probation $123,000 "The accused pleaded guilty to fraud against her employer in the amount of $123,000. The Court imposed a fifteen-month sentence of imprisonment, followed by three years’ probation, even though her risk of reoffending was low and she had no criminal record. The judge bore in mind the nature and scope of the fraud, the notion of abuse of a position of trust, and her limited remorse." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Champagne, 2011 QCCQ 6419 (CanLII), per Trudel J QC PC $265,671 "The accused pleaded guilty to fraud in the amount of $265,671, which she committed while she was secretary-treasurer for the municipality of Ste-Eulalie. She was 52 years old and had misappropriated the funds for her own personal benefit. She was sentenced to fifteen months’ imprisonment and three years’ probation." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Miles, 2011 ABCA 133 (CanLII), per curiam AB CA 2 years $203,000 The offender was a bookkeeper in a small company. She plead guilty to stealing by forging checks. The court recognized that there were "far fewer internal controls" than in a large organization and was in a "far greater position of trust". A two year less a day conditional sentence was overturned.
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Keywords: guilty plea — confession — small business victim — partial restitution — breach of trust — CSO rejected
R v Dhaliwahl, 2011 ONCJ 560 (CanLII), per Dean J ON PC 9 months imprisonment $430k+ offender worked for accounting in hospital--wrote cheques to self
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R v Naugler, 2011 NSPC 68 (CanLII), per Derrick J NS PC 8 months + probation $136,456 offender defrauded employer over 3 years. "The secretary/bookkeeper pled guilty to fraud and forgery which resulted in a loss of over $136,000 over a three-year period. The court imposed a custodial sentence of eight months followed by 12 months probation., coupled with restitution in the amount of $145,000."
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R v Purves, 2011 SKQB 162 (CanLII), per Scheibel J SK SC 2 years less a day CSO $150k fraud by municipal govt employer; offender suffered from depression, anxiety, financial problems and gambling problems.
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Keywords: None
R v Allen, 2011 ABPC 318 (CanLII), per Stevens-Guille J AB PC 2 years $275k
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2010
R v Tickell, 2010 BCCA 303 (CanLII), per Kirkpatrick JA BC CA 6 years $900K+ The offender pleaded guilty to fraud, breach of trust, and forgery. He was employed by the BC Public Guardian and Trustee office. He posed as an employer and posted fictitious ads online. He used the resumes to get a job with the Trustee and forged a reference letter. He used his position to transfer almost a million dollars from an elderly person deemed unable to manage her assets to himself. He did this a second time for another infirm individual, which involved forging documents.
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R v Lento, 2010 QCCQ 1115 (CanLII), per Bonnin J QC PC 3 years imprisonment $500,000 "The accused pleaded guilty to a charge of defrauding his union of about $500,000 over a nine-year period. The Court imposed three years in a penitentiary despite his lack of a criminal record, pointing out that he had benefited from a favourable reputation, which he had used to mask his criminal conduct." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Stirling, 2010 ABCA 338 (CanLII), per curiam AB CA 1 year imprisonment $255k+ The offender was a bookkeeper for a community association. Over three years she completed 254 illegal transactions. The Court of Appeal overturned a conditional sentence.
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Keywords: guilty plea — non-profit — full restitution paid
R v Collins, 2010 NLTD 7 (CanLII), per Hoegg J NL SC 21 months imprisonment $139,387.98 "The accused, a member of the Newfoundland and Labrador House of Assembly, committed several fraudulent acts over a period of six years, thereby enriching himself by $139,387.98." The Court also order ordered full restitution.
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R v Walsh, 2010 CanLII 67 (NL PC, per Orr J NL PC 22 months imprisonment $159,316 "The accused, a member of the Newfoundland and Labrador House of Assembly, made fraudulent claims. He was convicted of fraud and breach of trust totalling $159,316. The Court sentenced him to twenty-two months’ imprisonment and ordered him to make restitution in the amount of $144,000 for the fraud. It also sentenced him to twelve concurrent months and two years’ probation for breach of trust."
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R v Cioffi, 2010 QCCA 69 (CanLII), per curiam QC CA 35 months imprisonment $400,000 "The accused was the director of a bank branch when she authorized loans to fictitious persons. These crimes took place over a period of four years, and the bank suffered a net loss of $3.5 million. Although the accused had no criminal record, presented a low risk of reoffending, and personally lost $400,000, the Court took into account the notion of abuse of a position of trust in relation to the employer, the duration of the offences, the magnitude of the loss, the high degree of premeditation, the elevated number of transactions, and the fact that it was a complex fraudulent scheme." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v MacDonald, 2010 NSPC 33 (CanLII), per Atwood J NS PC 30 months imprisonment $200k+ investment advisor defrauded 30 clients
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R v Corbeil, 2010 QCCA 1628 (CanLII), per curiam QC CA 12 months CSO $117,315 "The accused held the position of regional coordinator of the Liberal Party of Canada and took part in a scheme that used forged invoices to have a number of cheques issued to the party organization. The accused pleaded guilty to charges of fraud against the government and fraud, had no criminal record, presented a low risk of reoffending, and had profited very little personally from the fraud. The Court of Appeal of Quebec sentenced her to twelve months’ imprisonment in the community and imposed a $20,000 fine, in lieu of the fifteen months’ detention and the restitution order of $117,315 made by the lower court." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Stirling, 2010 ABCA 338 (CanLII), per curiam AB CA 146,069.98
2009
R v Chernoff, 2009 BCPC 38 (CanLII), per Pothecary J BC PC 4 years $981,979.38 The offender pleaded guilty to fraud against his employer. He was employed as an accounts clerk. Over several years he misappropriated funds.
R v Drakes, 2009 ONCA 560 (CanLII), per curiam ON CA 5 years imprisonment 850,000.00 USD "the trial judge sentenced Mr. Drakes to five years imprisonment, plus two years concurrent for money laundering. The trial judge did not make a restitution order because there was not evidence that the accused could pay. Mr. Drakes was involved in an advance fee fraud where the victims were advised that there would be a large sum of money transferred out of Nigeria once a payment was made. The victims were located throughout the world. Mr. Drake defrauded the victims of approximately $850,000.00 U.S. His co-accused Mr. Brewster defrauded victims in the amount of $550,000 U.S. Mr. Brewster was sentenced to four years for fraud and a further two years for money laundering to be served concurrently. The Court of Appeal upheld Mr. Drakes’ sentence." (Quoting from R v Walker, 2020 ONSC 7029 (CanLII)), at para 59
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Keywords: None
R v Kabiawu, 2009 CanLII 18289 (ONSC), per Harvison-Young J ON SC 9 months CSO $500,000 public fraud; pharmacy
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Keywords: None
R v Keatley,
2009 BCPC 249 (CanLII), [2009] BCJ No 1591 (PC), per Hicks J
BC PC CSO $500,000 approx. "the offender defrauded her employer, a credit union, of $537,267 over a period of approximately 15 months. There were in excess of 60 transactions. As an assistant manager, she was a trusted employee. She had a gambling addiction that she was funding with her fraud. She was given a conditional sentence." [1]
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Keywords: None
R v Bassett, 2009 BCPC 111 (CanLII), per Ellan J BC PC 2 years $670k A broker defrauded his friends and colleagues.
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R v Datsko, 2009 BCPC 106 (CanLII), per Howard J BC PC 3 years imprisonment $720k The offender was a yacht club controller who stole $720,000 over 16 months.
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R v Byrne, 2009 CanLII 17117 (NLPC), per Pike J NL PC 2 years less a day $117,812 "The accused, a former Minister in the Newfoundland government, submitted forged, counterfeit, or duplicate expense claims and paid $18,125 in bribes. He used corruption to avoid detection. He pleaded guilty to charges of fraud in the amount of $117,812, the amount that was considered inappropriately reimbursed, out of a total of $401,000. The Court imposed a sentence of two years less one day in prison and ordered restitution of $117,812." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v O'Neill, [2009] OJ 5999(*no CanLII links) ON 12 months imprisonment $175,000 The offender had a gambling addiction. About $6,000 in restitution was made.
Keywords: None
R v Adams, 2009 ONCJ 383 (CanLII), per Green J ON PC
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R v Callendar, 2009 CanLII 72039 (ON SC), per Baltman J ON SC 9 months CSO $280,000.00 The "offender, age 44, no criminal record; convicted on 1 count of fraud over $280,000.00 and 1 count of use of a forged document involving a bank; involved fake purchase and sale agreements and a fake purchaser with a false name and identification; 9-month conditional sentence."
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Keywords: None
R v Poitras, 2009 QCCQ 3679 (CanLII), per Bellehumeur J QC 2 years less a day CSO $235,000 "The accused was convicted of fraud assessed at $235,000 against her employer, committed when she occupied a privileged position within the company. Although the Court noted that this was a flagrant case of abuse of a position of trust in relation to the employer, it also took into account the accused’s age, her lack of criminal record, her social and familial stability, and the fact that she did not present a risk of violence or reoffending. He imposed a sentence of two years less one day to be served in the community, in addition to an obligation to serve 240 hours of community work. Moreover, she was ordered to pay $50,000 to various organizations and submit to a two-year probation order." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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Keywords: None
R v Palantzas, 2009 CanLII 49328 (ONSC), per Trafford J ON SC 4 years imprisonment $819k The offender was a bank manager and defrauded his employer. He plead guilty and had no criminal record. He was 51 years old and married with two adult children. The wife was suffering from depression and tried to commit suicide due to the charges. The sentencing judge rejected a Joint Recommendation for 15 months.
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Keywords: None
2008
R v Kelly, 2008 CanLII 12707 (ON SC, per Spies J ON SC 3 years imprisonment $700k The offender was convicted at trial of fraud and uttering forged documents. He was a company president and shareholder. He misappropriated funds by forging cheques to pay for personal expenses. He was 65 years old and not remorseful.
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Keywords: None
R v Ragno, 2008 CanLII 63237 (ON SC), per Quigley J ON SC 18 months over $200,000
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R v Coulson, 2008 ABPC 144 (CanLII), per Allen J AB PC 2 years less a day CSO $600k fraud over x10, offender ran an auto shop, sold customers vehicles, position of trust
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R v Oates, 2008 SKQB 274 (CanLII), per Gunn J SK SC 15 months with probation $460,520.62 The offender was employed by a government agency. Over several years stole from their employer in an "elaborate" scheme. The offender had a prior related record, diagnosed with a gambling addiction, expressed remorse, was able to pay back half at the time of sentencing.
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Keywords: None
R v Gasparetto,
2008 CanLII 49579 (ONSC), [2008] OJ No 3840 (SC), per Spies J
ON SC 18 months CSO $190k offender was 47 years old, no record, had mental health issues and was getting counselling
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R v deKock, 2008 ABPC 279 (CanLII), per Ayotte J AB PC 2 years less a day $175k The offender was found guilty of 14 counts of fraud, theft. and false pretenses. The motivation behind the fraud was to pay off creditors and keep the business going. He committed the offence over a period several months and was in a position of trust. The conviction was upheld at 2009 ABCA 25
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2007
R v Jaikaran, 2007 ABCA 98 (CanLII), per Fraser JA AB CA 2 years imprisonment $633,000 The offender was a bank manager and defrauded his employer. The offence was a breach of trust. The sentencing judge ordered a 2 year less a day conditional sentence. The offender paid back full restitution.
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Keywords: None
R v Fraser, 2007 ABCA 386 (CanLII) AB CA 12 months CSO $132,160 "an office manager at the University of Alberta was convicted of defrauding her employer of $132,160 over 22 months. However, she made early restitution of $150,000. The defence highlighted the offender’s mental health issues and argued that the delay in prosecution severely prejudiced her, noting she had already served four weeks of her sentence. The Court of Appeal agreed and replaced the initial prison sentence with a 12-month conditional sentence. The Court stressed that this type of sentence would be unduly lenient in most other cases."
R v Dickson, 2007 BCCA 561 (CanLII) BC CA 12 months $147,000
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R v Williams, 2007 CanLII 4332 (ON SC, per Hill J ON SC 18 months $190k The offender was convicted at trial of fraud. He was a school superintendent. He would be able to pay restitution by using his pension. The sentencing judge rejected a conditional sentence.
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Keywords: school superintendent — 3-year offence — breach of trust — CSO rejected
R v M.K.M., 2007 BCPC 58 (CanLII), per Dossa J BC PC 2 years less a day CSO $262,912 accounts receivable clerk over a long period of time
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Keywords: None
R v Fulcher, 2007 ABCA 381 (CanLII), per Côté JA AB CA 2 years imprisonment $268k The offender pleaded guilty to embezzling from his employer, a life insurance company. He was in a position of trust. The Sentencing Judge ordered a conditional sentence which was overturned. Court stated that d"enunciation and deterrence demanded imprisonment for financial crimes by one in a position of trust."
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Keywords: guilt plea — cooperation — breach of trust — CSO rejected
2006
R v Turner, 2006 ABPC 189 (CanLII), per Van de Veen J AB PC 2 years less a day CSO $200k "the offender pleaded guilty to defrauding her employer of approximately $200k. The offender was 54 and had a chronic gambling addiction. Despite no restitution and a serious breach of trust, mitigating factors like her genuine remorse, an early guilty plea, support from family, absence of a prior criminal record, and steps towards addiction treatment made a conditional sentence appropriate. The offender received a conditional sentence of two years less a day."
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Keywords: guilty plea — 54-year-old offender — gambling addiction — genuine remorse — no record — treatment history
R v Clark, [2006] AJ No 1003 (Alta. Q.B.)(*no CanLII links) AB SC 2 years imprisonment $389k The offender defraud his car business's customers by making misrepresentations. He made the misrepresentations in order to keep his business going. The Court of Appeal overturned a conditional sentence.
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Keywords: None
R v Dion, 2006 QCCQ 279 (CanLII), per Lortie J QC 28 months imprisonment $340,000 The offender was the financial comptroller for a company and used that position to defraud the company. "Despite the accused’s cooperation with the investigation, his guilty plea, his lack of a criminal record, and the regrets expressed, the Court took into account the fact that it was an abuse of a position of trust from which the accused drew a personal benefit." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Harvey, 2006 QCCQ 7143 (CanLII), per Seguin J QC 2 years less a day with probation $220,000 "While he was director of a daycare centre, the accused defrauded this organization of a total of $220,000 over five years. He pleaded guilty, expressed great remorse, and began therapy to deal with his compulsive gambling. He had no criminal record. The Court imposed a conditional sentence of two years less one day, followed by three years' probation." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Gopher, 2006 SKCA 86 (CanLII), per Jackson JA SK CA 42 months imprisonment $357,843 "Over a period of twenty-one months, the accused misappropriated money earmarked for an Aboriginal group. The accused recorded these amounts as transportation and personal development expenses. He was 57 years old, expressed no remorse, did not believe that his actions were criminal, and presented a risk of reoffending." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Harding, 2006 SKCA 118 (CanLII), per Cameron JA SK CA 18 months imprisonment $300k The offender was employed by his union local. Over 6 years he defrauded the union through 900 transactions. The offender was 52 years old and had no record. He was diagnosed with a gambling problem, medium risk to reoffend. Court overturned 2 year CSO
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Keywords: None
R v Stymiest, 2006 NBQB 129 (CanLII), per McNally J NB SC 5 years (Judge) $900,000 The accused were a provincial court judge, a hospital CEO, and a hospital VP of Finance defrauded the hospital
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Keywords: None
2005
R v Trask, , [2005] NSJ No 561(*no CanLII links) NS PC 2 years less a day CSO (JR) $340,731.70 offender was chief accounting officer for municipality of Victoria, defrauded over many years--motivated by greed
Keywords: None
R v Jeannotte, 2005 CanLII 22771 (QC CQ), per Provost J AC 2 years less a day CSO $200,000 "The accused, a lawyer, pleaded guilty to fraud for having used $200,000 from her clients to pay her spouse’s drug debts. The Court sentenced her to a term of imprisonment of two years less one day to be served in the community and two years of probation. She had no criminal record, was not in a position to reimburse the money, had favourable psychological and presentence reports, and recognized her wrongdoing." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v McTighe, 2005 ABCA 30 (CanLII), per curiam AB CA 2 years imprisonment $247k The offender pleaded guilty to performing 111 fraudulent transactions. He was emloyed at a national accounting firm. The Court of Appeal overturned a conditional sentence.
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Keywords: None
R v Corner, 2005 OJ No 3590 (SC)(*no CanLII links) ON SC 18 months CSO $150k offender came forward and told employer he defrauded them--offender had abusive and dysfunctional family
Keywords: None
R v Eby and Goodman, 2005 YKSC 56 (CanLII), per Veale J YK SC "Ms. Eby pleaded guilty to forgery and breach of trust involving two transactions that defrauded the Yukon Housing Corporation of $318,575. Ms. Eby confessed to her conduct. She was unable to find alternative employment in the small community where she resided, and had two small children. The judge imposed a conditional sentence." [2]
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Keywords: None
2004
R v Leis, 2004 SKQB 463 (CanLII), per Ball J SK SC 8 month CSO $592,000
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R v Goertzen and James, , 2004 BCCA 639 (CanLII), per Newbury JA BC CA 4 years imprisonment over $100k "The Court of Appeal found that the range of sentences of both Mr. Goertzen and Ms. James to be high, but not unfit."Goetzen had no prior record. James had 27 prior convictions for dishonesty including 13 prior fraud convictions. James was on probation at the time.
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Keywords: None
R v Bracegirdle, 2004 ABCA 252 (CanLII), per curiam AB CA 2 years less a day $175,462.96 Thee offender pleaded guilty to fraud. She was financial manager for Cystic Fibrosis Society for 15 years. Over a period 5 years she took money from the society. There was no remorse or restitution. The offence was a "egregious" breach of trust and the victim was vulnerable. The sentencing judge ordered a conditional sentence.
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Keywords: guilty plea — CSO rejected
R v Reid, 2004 YKCA 4 (CanLII), per Hall JA YK CA 14 months imprisonment $170k (approx) 6 months credit for remand, and served some sentence on CSO--court overturned 18 month CSO--breach of trust
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Keywords: None
2003
R v Wilson, 2003 CanLII 48181 (ON CA, per curiam ON CA 18 months imprisonment $900,000 "The accused, a physician, defrauded the hospital where he worked for a total amount of $900,000. He had paid $150,000 in restitution. In light of the minimal restitution paid and the excessive importance given to the guilty plea, the Court of Appeal for Ontario found that the sentence was not proportional to the gravity of the crime and that the case involved a high degree of responsibility and flagrant abuse of a position of trust."(Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157 The Court of Appeal rejected the 2 year CSO ordered by the sentencing judge.
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Keywords: None
R v Blackler

, 2004 CarswellNfld 439 (Prov.Ct.)(*no CanLII links) , aff’d 2006 NLCA 48 (CanLII), per Wells CJ

NL CA 2 years less a day CSO $850k
Keywords: None
R v Seabrook, 2003 BCCA 427 (CanLII), per Oppal JA BC CA 2.5 years imprisonment $679,000 "The Court of Appeal for British Columbia upheld a sentence of two and a half years for fraud in the amount of $679,000. The accused, who held shares in a real estate company, defrauded elderly people. The Court noted the high degree of planning and the significant impact of the crime on the victims and imposed this sentence despite the accused’s lack of a criminal record." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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Keywords: None
R v Altenhofen,
2003 ABQB 485 (CanLII), [2003] AJ No 797, per Sullivan J upheld 2003 ABCA 275 (CanLII), per Costigan JA
AB SC 2 years imprisonment $400k The offender was convicted of 13 counts of fraud and possession of stolen property. He committed offence against own company involing "leaseback agreements". He also stole heavy equipment. The offender was 49 years old, minor dated record, married, experience as businessman.
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Keywords: None
R v Robinson, [2003] OJ No 4722 (SCJ)(*no CanLII links) ON PC 22 month CSO over $200k employee fraud; over several months; involved deliberate, planned and covert behaviour. accused suffering from depression, an auto-immune deficiency and asthma.
Keywords: None
R v Beggs, 2003 BCCA 101 (CanLII), per Ryan JA BC CA 4 years imprisonment $223k+ offender was high level employee with CRA, used her position to give tax breaks to friends over 4 years. "the offender used her senior position with Revenue Canada and related high level of security clearance to fraudulently provide herself and others various credit and refunds totalling $221,434.96 under the Child Tax Benefit and BC Family Bonus programs. The offences were committed over a four-year period. The offender received $103,235 from the scheme. She pled guilty to nine counts of fraud, one count of misusing taxpayer information, and one count of income tax evasion. She was sentenced to four years’ imprisonment." [3]
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Keywords: None
R v Evans, 2003 NBQB 54 (CanLII), per Glennie J NB SC 1 year imprisonment $126k offender was caregiver for elderly man with dementia, took money from elder's bank account
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Keywords: None
R v JA, [2003] OJ No 2167 (OCJ)(*no CanLII links) ON PC 12 months CSO $248,000 employee was a book keeper; stole over two and a half years period; depression and difficult childhood
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2002
R v Bogart, 2002 CanLII 41073 (ON CA), per Laskin JA ON CA 18 months custody $900k The offender was a doctor who filed fraudulent OHIP charges over 7 years. He pled guilty and had no record. HE was 45 years old. He repaied $200k. He had a noble story of having survived cancer despite leg amputation and succeeded in med school. The sentencing judge had ordered 2 years less a day conditional sentence. The 18 months ordered by the Court of Appeal was after taking credit for 13.5 months served on his conditional sentence. Court suggests range starting at 4 years.
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Keywords: None
R v Schneider, 2002 2002 BCCA 143 (CanLII), per Smith JA BC CA 30 months $679,919 "The Court of Appeal for British Columbia upheld a thirty-month custodial sentence and a restitution order for a real estate promoter charged with fraud in the amount of $679,919 for misappropriating funds that were intended to finance a construction project. The Court also noted that it was a case of abuse of the public trust." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Howe, 2002 ABCA 277 (CanLII), per Hunt JA AB CA 2 years less a day CSO $760k offender and partner defrauded government by getting tax credits they were not entitled to.
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Keywords: None
R v Hartz, 2002 ABCA 108 (CanLII), per Paperny JA AB CA 18 months imprisonment $123,860 offender forged 25 company cheques--offender was age 42, no record, with adult children. Court of appeal rejected a conditional sentence. "Ms. Hartz received a sentence of incarceration for fraud in the amount of $123,860, which was defrauded from her corporate employer. ... That she was not a danger to society was appropriately factored in by the trial judge." (Quoting from R v Macleod, 2017 ABQB 722 (CanLII)), at para 47
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R v Hadjor, 2002 CanLII 41835 (ON CA, per curiam ON CA 2 years imprisonment $400,000 "The Court of Appeal for Ontario upheld a two-year custodial sentence and a restitution order for an accountant who made false statements about his clients. He collected $400,000 for his own personal purposes and to save his company. The sentence was imposed despite his lack of criminal record." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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2001
R v Fehr,
2001 SKCA 37 (CanLII), [2001] S.J. No 147, per Sherstobitoff JA
SK CA 11 months imprisonment $220k offender defrauded employer over 10 years as a bookkeeper for small company--major impact on company and 35-40 employees--offender was 56 years old, no record, married with one daughter living with family--offender made public confession and agreed to repay $80k--overturned 2 years less a day CSO
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R v Matheson, 2001 NSSC 78 (CanLII), per MacAdam J NS SC 2 years less a day CSO $117,000 lawyer for a firm improperly took money that was given in trust as execution of a will giving assets to a child--also charged with theft, breach of trust, and forged documents
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R v Moulton, 2001 SKCA 121 (CanLII), 160 CCC (3d) 407, per Vancise JA SK CA 12 months CSO $270k offender sold his cattle in unauthorized transactions making large profits, defrauding beef producers coop--offender was 44 years old, married, two adult children, in cattle industry for 20 years--motivated to safe herd not greed--made restitution--no breach of trust "The Court of Appeal for Saskatchewan upheld the conditional sentence of two years less one day imposed at trial, finding that the accused had not been motivated by greed but was seeking to save his property, namely, his cattle operation. He defrauded the Saskatchewan government of $273,355.55. The Court noted that the accused had no criminal record and had in now way abused a position of trust." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v DeBay, 2001 NSCA 48 (CanLII), per Cromwell JA NS CA 2 years imprisonment $226,234.99
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R v Watkinson, 2001 ABCA 83 (CanLII), per Wittman JA (2:1) AB CA
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R v Alain, 2001 CanLII 12757 (QC CA), per Gendreau JA QC CA 2 years less a day CSO $200,000 "The accused used fraudulent entries in the books of two corporations to misappropriate more than $1.5 million in funds that should have been returned to investors. He pocketed $200,000 to which he had no right. He had no criminal record. The Court of Appeal of Quebec quashed a three-year custodial sentence imposed at trial, substituting a sentence of two years less one day to be served in the community. The Court emphasized that personal benefit was not the sole objective or greed the only motive. Moreover, the actions of the accused took place in the context of the implementation of a very real project on which he was greatly involved." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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2000
R v Anderson-Davis, 2000 BCSC 42 (CanLII), per Boyle J BC SC 18 month CSO $136,700 "wherein the 53 year old first offender pleaded guilty to defrauding the Ministry of $136,700 in social assistance benefits between November 1984 and June 1988, and February 1992 to February 1996. The court imposed a conditional sentence of 18 months. The offender was able to make full restitution by selling his house"
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R v Saunders,
2000 CanLII 4612 (NSSC), (2000), 189 N.S.R.(2d) 126 (S.C.), per Davison J
NS SC 1 year CSO $115k 82 year old lawyer was executor of a will, money taken from estate, money used to stop forclosure of house, physical health issues, no pre-conviction repayment
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R v Gross, [2000] OJ No 3479(*no CanLII links) ON SC 8 months CSO $297k offender was a lawyer who pled guilty to fraud x 5--over 5 months, offender defrauded 6 financial institutions--offender had 148 days remand credit
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R v Millward,
2000 ABCA 308 (CanLII), [2000], AJ No 1371, per Fraser JA
AB CA 20 months imprisonment $352,080 The offender was insurance broker who committed fraud over 18 months. He had no prior record and suffered from health problems. The Court of Appeal agreed with the sentencing judge's decision to give little to no credit for remand in another country. They also overturned a 20 month conditional sentence.
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1999
R v Verville, 1999 CanLII 13272 (QC CA), per Thibeault JA QC 1 year CSO with probation $186,488.88 "The accused stole from his own company, misappropriating $186,488.88 for his personal use. The Court of Appeal of Quebec quashed the one year custodial sentence and order for restitution, substituting a conditional sentence of one year with the obligation to perform 240 hours of community work. The Court took into consideration the fact that the accused had no criminal record and the method used was unsophisticated. It also noted that a conditional sentence is inappropriate where dishonesty is characterized by an abuse of a position of trust, which was not the case here." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Ferguson, [1999] NSJ No 481(*no CanLII links) NS 18 months CSO $390k account and office manager issues pay cheques to non-existent employees over 3 years
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1998
R v Ruhland,
1998 CanLII 6138 (ON CA), [1998] OJ No 781, per Finlayson JA
ON 2 years less a day accused was chairman and CEO; used firm as private bank
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R v Hoy, 1998 CanLII 6024 (BCCA), per McEachern CJ BC CA 3 years imprisonment $370k The offender was a mutual fund salesman who defrauded 6 clients over an 18 month period. They had no prior record.
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R v King,
1998 ABCA 17 (CanLII), 212 AR 44, per curiam
AB CA 2 years less a day CSO $400,000 "Mr. King was convicted on two counts of fraud involving 12 victims in a total of 12 incidents, obtaining approximately $400,000.00 over a period of ten months. The Alberta court of Appeal substituted a sentence of two years less a day for a conditional sentence. The court referred to the magnitude of the fraud, the planning, the duration and the number of incidents. The victims were members of a farming community who relied on his reputation in the business community."
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R v Dickhoff,
1998 CanLII 12386 (SK CA), 130 CCC (3d) 494, per Vancise JA
SK CA 2 years less a day imprisonment ? offender was president of a trust company, over 4 years misled board of directors and made false notes on mortgages to get money for himself or companies he owned--position of trust--contributed to collapse of company--offender had no record, no remorse--appealed sentence of 5 years. "The accused was convicted of committing fraud while he was director of a trust company, when he took advantage of his position to borrow for himself and his companies without revealing his personal interest. The accused had no criminal record. The Court of Appeal reduced the custodial sentence from five to two years, relying on, among other things, the age of the accused, the fact that he had not profited from the frauds, and his exemplary conduct during his parole. He was, however, motivated by greed. His crimes were committed over a period of four years and involved a great deal of planning, in addition to the aggravating factor of abuse of a position of trust." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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1997
R v Pierce,
1997 CanLII 3020 (ON CA), [1997] 32 OR (3d) 321, per Finlayson JA
ON CA 12 months imprisonment $270,000 The offender was a female employee. She was well-educated. "The accused falsified data in the accounting books of the company for which she worked and defrauded the company of $270,000. The Court of Appeal for Ontario reduced the initial sentence of twenty-one months to a twelve-month custodial sentence, given the minimal risk of reoffending. It pointed out, however, that this was a significant fraud that required planning and dishonest methods, and that abuse of a position of trust must be denounced." (Quoting from R v Thibault, 2015 QCCQ 8910 (CanLII)), at para 157
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R v Horvath,
1997 CanLII 9759 (SKCA), 117 CCC (3d) 110, per Bayda CJ
SK CA 2 years less a day CSO $200k bank branch manager defrauded bank to support gambling addiction--offender was 25 years old with two children in her care, no record, was remorseful and sought treatment.
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R v Hill, [1997] NSJ No 97 aff'd at 1997 CanLII 1647 (NSCA), per Chipman JA NS CA 12 months imprisonment $144k tax clerk working for university defrauded employer with fake invoices; only $16,000 recovered.
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R v Kratky, 1997 CanLII 936 (BC SC), per Curtis J BC SC 18 months CSO $436,535 the offender was the bookkeeper for a dental clinic and over three and a half years defrauded the clinic--offender was 52 at the time of sentencing
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R v King, (1997), 212 AR 44 (Alta. C.A.)(*no CanLII links) AB CA 2 years less a day imprisonment $413,000 The offender pleaded guilty to defrauding 12 people using his business. Sentencing Judge ordered a 2 year less a day conditional sentence. "The Court of Appeal varied the sentence to actual incarceration. Sentence not proportionate to gravity and seriousness of offence and did not sufficiently recognize principles of denunciation and specific and general deterrence. "
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R v Sharma, 1997 CanLII 473 (BC SC), per Collver J BC SC 18 months $720k convicted of fraud and uttering forged documents -- loss arising from the commission amount involving the installation of nuclear power system into a submarine--fraud occurred over 12 years prior to sentencing--no prior record
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1994
R v Shah,
1994 CanLII 1290 (BCCA), 1994 CarswellBC 1033, [1994] BCJ No 2261, 94 CCC (3d) 45, per Finch JA
BC CA 8 years $635k Accused was a pharmacist who forged claims to get drugs.
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1992
R v Gaetz, 1992 CanLII 2509 (NSCA), per Chipman JA NS CA 1 day and $6,000 fine $246,251.00 fraud by operator of vehicle dealership--had financing with bank for leased vehicles--did not pay it back--offender was age 45, no personal gain from offence
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1991
R v Flynn,
1991 CanLII 4304 (NS SC), N.S.R.(2d) 354 (T.D.), [1991] NSJ No 536, per Goodfellow J
NS SC 28 months imprisonment $300,000 defrauded employer, no record, family support, potential for rehabilitation
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1988
R v Tucker, [1988] NSJ No 33(*no CanLII links) NS CA
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1985
R v Shandro, 1985 ABCA 304 (CanLII), per Laycraft CJ AB CA $213,814.11 lawyer
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1983
R v Hennigar, (1983), 58 NSR (2d) 110 (NSCA)(*no CanLII links)

, per Pace JA

NS CA 3 years imprisonment $143,000 The offender was an investment adviser who defrauded 7 clients of a total exceeding $143,000. He was 36 years old at sentencing with a wife and 9 year old child. He expressed a desire to repay the victims.
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1977
R v Oliver, 1977 CanLII 2190 (BC CA), per Farris CJ BC CA lawyer
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1969
R v Spiller, 1969 CanLII 950 (B.C.C.A.), per Robertson JA BC CA "the Court of Appeal increased the sentence imposed by the sentencing judge from three to six years’ jail for a bank employee who had used her position of trust and special knowledge to devise and implement a scheme to steal approximately $500,000 from her employer over the course of four-and-a-half years (a value in excess of four million dollars in today’s money)."
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