J. Douglas Ewart

The appellant appealed from a judgment of the Ontario Court of Appeal which allowed the Crown's appeal from the acquittal of the accused on a charge of fraud.

The Supreme Court of Canada dismissed the appeal, agreeing with the conclusion and reasons of the Court of Appeal for Ontario regarding the admissibility of computer-produced bank statements under the Canada Evidence Act.

The appellant was convicted of fraud, breach of trust, and theft relating to construction funds.

He appealed to the Supreme Court of Canada, arguing he was not a trustee under the Mechanics' Lien Act and that the verdicts were incompatible.

The Court allowed the appeal in part, quashing the breach of trust conviction because the Crown specifically charged him as 'being a trustee' rather than as an aider and abettor, and failed to prove that averment.

The convictions for theft and fraud were upheld as they were not incompatible.

The appellant was acquitted at trial on a charge of fraud relating to an insurance claim for a vehicle he allegedly arranged to be stolen, after certain evidence was ruled inadmissible as hearsay.

The Court of Appeal quashed the acquittal and ordered a new trial.

The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that there was evidence upon which a conviction could be entered.