The appellant, a real estate agent, pleaded guilty to uttering a forged document after forging an extension on a listing agreement to recover a sales commission.
He was fined $5,000 and sentenced to twelve months' probation.
He appealed the sentence, arguing the trial judge erred by failing to grant a conditional discharge.
The Court of Appeal dismissed the appeal, finding that a conditional discharge would not be in the public interest given the serious, deliberate breach of trust committed by a professional dealing with the public.