The appellant, a lawyer, was charged with theft and criminal breach of trust for misusing clients' trust funds.
He was convicted of theft but acquitted of criminal breach of trust at trial.
The Court of Appeal allowed the Crown's appeal, entering convictions for criminal breach of trust, and applied the Kienapple principle to acquit on the theft charges.
The Supreme Court of Canada dismissed the appellant's appeal, affirming that the trial judge erred in law regarding the intent to defraud in criminal breach of trust.
Lamer J. noted that in the future, the Kienapple principle should result in a stay of proceedings rather than an acquittal.
