The appellant, a lawyer, was convicted of fraud, forgery, and uttering forged documents after deceiving an elderly investor into providing a mortgage loan.
He appealed his conviction, arguing his s. 11(b) Charter right to be tried within a reasonable time was violated, and appealed his 22-month custodial sentence.
The Court of Appeal dismissed the conviction appeal, finding the delay was not unreasonable.
However, the Court admitted fresh evidence showing the appellant had secured the outstanding restitution amount.
Based on this fresh evidence, the Court allowed the sentence appeal and reduced the sentence to 16 months' incarceration.