COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. THOMAS D. THOMPSON (Appellant)
BEFORE:
McMURTRY C.J.O., ROSENBERG and SIMMONS JJ.A.
COUNSEL:
Donald R. Good,
for the appellant
Christine Bartlett-Hughes,
for the respondent
HEARD:
November 21, 2001
RELEASED ORALLY:
November 21, 2001
On appeal from the conviction imposed by Justice R.G.E. Hunter dated April 28, 2000 and from the decision of Justice Robert M. Thompson, sitting as a summary conviction appeal judge, dated April 27, 2001
E N D O R S E M E N T
1Whether a named payee is a non-existent entity is a simple question of fact. See Boma Manufacturing v. CIBC, 1996 149 (SCC), [1996] 3 S.C.R. 727 at para. 46. We are satisfied that the trial judge found as a fact that this was a misdescription rather than a non-existing entity. Accordingly, ss. 19 and 20(4) of the Bills of Exchange Act, R.S.C. 1985, c. B-4 applied and the cheque was not payable to bearer. The addition of the forged endorsement was therefore a material addition to a genuine document and the offences were made out.
2Accordingly, while leave to appeal is granted, the appeal is dismissed.
(signed) “R. McMurtry C.J.O.”
(signed) “M. Rosenberg J.A.”
(signed) “J. Simmons J.A.”
November 23, 2001.