Court of Appeal for Ontario

CITATION: R. v. Beaudry, 2008 ONCA 141

DATE: 20080229

DOCKET: C46316

GILLESE, ARMSTRONG and BLAIR JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

JOSEPH HENRI GILLES BEAUDRY

Appellant

Counsel:

J. Douglas Grenkie, Q.C. for the appellant

Colleen Hepburn for the respondent

Heard and released orally: February 26, 2008

On appeal from the judgment of Justice B.E. MacPhee of the Ontario Court of Justice dated September 21, 2006

ENDORSEMENT

[1] Gilles Beaudry appeals from his conviction by Justice McPhee of the Ontario Court of Justice on a charge of defrauding Agrifinance of approximately $90,000 by furnishing an altered invoice to raise financing for the acquisition of certain forestry equipment known as F.A.E. Equipment. The trial judge found that a key piece of the equipment (a mulching machine) did not exist and in effect, that the entire scheme was a ruse to obtain monies fraudulently from Agrifinance.

[2] The appellant conceded at trial that he prepared the false altered invoice. The fabricated invoice was used to make an application for financing to Agrifinance and Agrifinance, relying at least in part on the invoice, provided the financing.

[3] Mr. Grenkie’s principal argument on behalf of the appellant was that the trial judge erred in finding that the mulcher did not exist and placed too much emphasis on that fact. He concedes in the end, however, that there was evidence from which the trial judge could draw that inference. In our view, it was clearly open to the trial judge to find on this record that the mulcher did not exist and we are satisfied that the trial judge made no error in concluding that the combination of the admittedly false invoice and the non-existence of the mulcher was sufficient to found a conviction for fraud.

[4] The appellant’s other complaints with respect to the judgment are essentially factual as well. We can find no palpable and overriding error in those findings.

[5] Accordingly, the appeal must be dismissed.

“E.E. Gillese J.A.”

“R.P. Armstrong J.A.”

“R.A. Blair J.A.”