COURT OF APPEAL FOR ONTARIO

DATE: 20060306

DOCKET: C43121 & C43200

RE: HER MAJESTY THE QUEEN (Respondent) – and – CAMILLE MALETTE and NICOL MALETTE (Appellants)

BEFORE: WEILER, ARMSTRONG and JURIANSZ JJ.A.

COUNSEL: V. Rondinelli and Ted Tichinoff for the appellants Alison Wheeler for the respondent

HEARD & RELEASED ORALLY: March 01, 2006

On appeal from the order of Justice G. Valin of the Superior Court of Justice dated February 16, 2005.

ENDORSEMENT

[1] We are in substantial agreement with the reasons of Valin J. While as the judge reviewing a committal, he should have refrained from drawing inferences on his own in relation to “other fraudulent means”, we are of the view that he was correct in holding there was some evidence from which an inference could be drawn that the appellants engaged in deceit by:

(a) knowingly attracting investors, many of whom could not afford to be responsible for the payment of the loans in the event of default by GMG inc;

(b) directing those investors to the Caisse to obtain loans that, on their face were for the benefit of the borrowers but, in reality, were for the benefit of GMG Inc.; and

(c) from 1995 on, withholding knowledge that GMG Inc. could not make the loan payments it had promised to make.

[2] Accordingly the appeal is dismissed.

“K.M. Weiler J.A.”

“R.P. Armstrong J.A.”

“R.G. Juriansz J.A.”