DATE: 20011123 DOCKET: C36436

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. THOMAS D. THOMPSON (Appellant)

BEFORE:

McMURTRY C.J.O., ROSENBERG and SIMMONS JJ.A.

COUNSEL:

Donald R. Good,

for the appellant

Christine Bartlett-Hughes,

for the respondent

HEARD:

November 21, 2001

RELEASED ORALLY:

November 21, 2001

On appeal from the conviction imposed by Justice R.G.E. Hunter dated April 28, 2000 and from the decision of Justice Robert M. Thompson, sitting as a summary conviction appeal judge, dated April 27, 2001

E N D O R S E M E N T

[1] Whether a named payee is a non-existent entity is a simple question of fact. See Boma Manufacturing v. CIBC, 1996 149 (SCC), [1996] 3 S.C.R. 727 at para. 46. We are satisfied that the trial judge found as a fact that this was a misdescription rather than a non-existing entity. Accordingly, ss. 19 and 20(4) of the Bills of Exchange Act, R.S.C. 1985, c. B-4 applied and the cheque was not payable to bearer. The addition of the forged endorsement was therefore a material addition to a genuine document and the offences were made out.

[2] Accordingly, while leave to appeal is granted, the appeal is dismissed.

(signed) “R. McMurtry C.J.O.”

(signed) “M. Rosenberg J.A.”

(signed) “J. Simmons J.A.”

November 23, 2001.