Court of Appeal for Ontario
Before: Doherty, Laskin and Goudge JJ.A.
Between:
Her Majesty the Queen Respondent
and
Julie Johnson-Bryan Appellant
Counsel: Gavin S. MacKenzie, for the appellant Deborah Krick, for the respondent
Heard: March 2, 2010 On appeal from the conviction entered by Justice Richard J. LeDressay of the Ontario Court of Justice dated January 11, 2007 and the sentence imposed on March 16, 2007.
APPEAL BOOK ENDORSEMENT
1The appellant challenges the restitution order made at trial. The trial judge found that the amount of fraud was at least $15,645. The evidence justified that finding. The fact that there was evidence that the fraud was considerably higher was no bar to a restitution order in the lower amount: R. v. Gaudet, 1998 CanLII 5017 (ON CA), [1998] O.J. No. 2177, paras. 93-94.
2The trial judge did, however, make an arithmetical error in calculating the final amount of the order. The order should have been in the amount of $10,845.
3The appeal is allowed to that extent and the order is varied accordingly.
