Court of Appeal for Ontario
Judges: Watt, Pepall and Tulloch JJ.A.
Between:
Her Majesty the Queen
Respondent
and
Harley Davidson Guindon
Appellant
Counsel:
Harley Davidson Guindon, acting in person
Michael Dineen, duty counsel
Lisa Csele, for the respondent
Heard: July 13, 2016
On appeal from the conviction entered on February 18, 2015 by Justice Sue MacLean of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We are satisfied that, on the findings of fact made by the trial judge, the Crown had established the actus reus of fraud. As the Supreme Court of Canada made clear in R. v. Riesberry, 2015 SCC 65, at para. 22, proof of fraud does not always depend on showing that the alleged victim, in this case Legal Aid Ontario, relied on the fraudulent conduct or was induced by it to act to his or her detriment.
2We are satisfied that the reasons of the trial judge reveal that she was satisfied that there was a sufficient causal connection between the fraudulent act and the victim’s risk of deprivation.
3The appeal from conviction is dismissed.