The appellant, a licensed real estate broker, was convicted of theft for transferring funds from a trust account to his agency's general account.
He appealed on the basis that the trial judge misdirected the jury regarding his defence of 'colour of right'.
The Supreme Court of Canada allowed the appeal, finding that the trial judge erred by instructing the jury to determine when commissions were legally payable, rather than whether the appellant had an honest belief that he had the right to transfer the money at the time.
A new trial was ordered.
