COURT OF APPEAL FOR ONTARIO
Laskin, Rosenberg and LaForme JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Abdohadi Tookhi
Appellant
Mark C. Halfyard, for the appellant
Catherine Mullaly, for the respondent
Heard and endorsed: February 8, 2012
On appeal from the sentence imposed on October 28, 2009 by Justice Paul M. Taylor of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1This joint submission was based on the assumption, apparently accepted by the trial judge, that the appellant would in a reasonable period be able to make restitution because of his good prospects for employment. The fresh evidence shows that ironically his criminal record now stands in the way of his obtaining employment in the field for which he has trained. He cannot get a pardon until he has paid the restitution and his inability to get a pardon prevents him from getting the type of employment that could lead to his making restitution of this very large amount: see R. v. Chambers, 2007 ONCA 237.
2The restitution order may thus, far from assisting his rehabilitation, undermine it.
3Reducing the restitution order does not deprive the financial institutions of their ability to obtain civil judgments against the appellant.
4Accordingly, leave to appeal is granted, the appeal is allowed and the restitution order is reduced to $40,000 to be distributed pro rata amongst the five victims.
