Court of Appeal for Ontario

Citation: R. v. Johnson-Bryan, 2010 ONCA 160

Date: 20100303

Docket: C46963

Before: Doherty, Laskin and Goudge JJ.A.

Between:

Her Majesty the Queen Respondent

and

Julie Johnson-Bryan Appellant

Counsel: Gavin S. MacKenzie, for the appellant Deborah Krick, for the respondent

Heard: March 2, 2010 On appeal from the conviction entered by Justice Richard J. LeDressay of the Ontario Court of Justice dated January 11, 2007 and the sentence imposed on March 16, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant challenges the restitution order made at trial. The trial judge found that the amount of fraud was at least $15,645. The evidence justified that finding. The fact that there was evidence that the fraud was considerably higher was no bar to a restitution order in the lower amount: R. v. Gaudet, 1998 CanLII 5017 (ON CA), [1998] O.J. No. 2177, paras. 93-94.

[2] The trial judge did, however, make an arithmetical error in calculating the final amount of the order. The order should have been in the amount of $10,845.

[3] The appeal is allowed to that extent and the order is varied accordingly.