The Crown appealed a Quebec Court of Appeal decision acquitting the respondent on fraud charges.
The majority of the Court of Appeal had held the guilty verdict was unreasonable due to insufficient circumstantial evidence and that the trial was unfair because the Crown failed to invoke s. 9 of the Canada Evidence Act during the accomplice's testimony.
A majority of the Supreme Court, adopting the dissenting reasons below, found the verdict was not unreasonable and the failure to invoke s. 9 did not render the trial unfair.
The appeal was allowed and the guilty verdict restored, with Kasirer J. dissenting.
