DATE: 20040917

DOCKET: C40463

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. NAGY RIAD and MINA PHARM LTD. (Appellants)

BEFORE: MCMURTRY C.J.O., DOHERTY and LANG JJ.A.

COUNSEL: David E. Harris for the appellants Nadia Thomas for the respondent

HEARD: September 15, 2004

ORALLY

RELEASED: September 15, 2004

On appeal from the convictions entered by Justice McIssac of the Superior Court of Justice, sitting with a jury, dated May 21, 2003.

E N D O R S E M E N T

[1] The documents, the so called “hard copies” found in the possession of the appellants taken in combination with evidence of the computer system used by the Ontario Drug Benefit Program to fill prescriptions and to pay pharmacists for those prescriptions, as well as the absence of any prescriptions or pharmacists’ notes connected to those hard copies, provided an ample basis upon which the jury could reasonably conclude that the plan had been deprived of funds by the appellants.

[2] The appellants contend that certain hearsay evidence was admitted in relation to the total amount of the detriment. Assuming without deciding that the evidence was inadmissible hearsay, we are satisfied that it could not have prejudiced the appellants. It was conceded on behalf of the appellants at trial that if there was detriment that detriment exceeded $5,000.00.

[3] The appeal is dismissed.

“R.R. McMurtry C.J.O.”

“D.H. Doherty J.A.”

“S.E. Lang J.A.”