CITATION: R. v. Bondok, 2011 ONCA 698
DATE: 20111109
DOCKET: C52615
COURT OF APPEAL FOR ONTARIO
Rosenberg, Sharpe and Juriansz JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Ayman Bondok
Appellant
Howard L. Krongold, for the appellant
Leslie Paine, for the respondent
Heard and endorsed: November 8, 2011
On appeal from conviction entered by Justice R. Lajoie of the Ontario Court of Justice dated March 16, 2010.
APPEAL BOOK ENDORSEMENT
[1] We need not decide whether on the facts found by the trial judge the appellant’s act would also amount to theft by conversion per R. v. Milne (1992), 1992 86 (SCC), 70 C.C.C. (3d) 481 (S.C.C.). We are satisfied that even if this conduct amounted to theft, the offence of fraud as defined by the Supreme Court of Canada in R. v. Zlatic (1993), 1993 135 (SCC), 79 C.C.C. (3d) 466 (S.C.C.) was made out. The act of making use of funds which the appellant knew were not his because of wilful blindness as to their source is properly stigmatized as dishonest: see Zlatic at p. 478.
[2] Accordingly, the appeal is dismissed.