Court of Appeal for Ontario
Date: 2019-02-08 Docket: C64635
Judges: Watt, Huscroft and Roberts JJ.A.
Between
Her Majesty the Queen Respondent
and
Daniel Van Bodegom Appellant
Counsel
Janani Shanmuganathan, for the appellant
Catherine Weiler, for the respondent
Heard and Released
Heard and released orally: January 29, 2019
On appeal from the sentence imposed on June 17, 2016 by Justice John P. L. McDermot of the Superior Court of Justice, sitting without a jury.
Reasons for Decision
[1]
Background
The appellant was convicted of counts of fraud and money laundering.
2On the money laundering count, the trial judge ordered that the appellant pay a fine in lieu of forfeiture in the amount of the fraud – $1,150,000 – within five years of his release from custody.
[3]
Analysis
The appellant says that the trial judge erred in fixing the period for payment because in doing so, he failed to take into account the appellant's ability to pay.
4While it may fairly be said that counsel at trial did not make extensive submissions on the issue, both the Crown and defence counsel, apparently alive to the appellant's means, made submissions on the period for payment issue. The time period within which the trial judge ordered payment to be made fell within the range suggested by counsel.
5In our view, it simply cannot be said that the trial judge failed to consider ability to pay as a relevant factor in fixing the period for payment.
[6]
Disposition
Leave to appeal sentence is granted, but the appeal from sentence is dismissed.
"David Watt J.A."
"Grant Huscroft J.A."
"L.B. Roberts J.A."