COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Tookhi, 2012 ONCA 90

DATE: 20120209

DOCKET: C51328

Laskin, Rosenberg and LaForme JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Abdohadi Tookhi

Appellant

Mark C. Halfyard, for the appellant

Catherine Mullaly, for the respondent

Heard and endorsed: February 8, 2012

On appeal from the sentence imposed on October 28, 2009 by Justice Paul M. Taylor of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] This joint submission was based on the assumption, apparently accepted by the trial judge, that the appellant would in a reasonable period be able to make restitution because of his good prospects for employment. The fresh evidence shows that ironically his criminal record now stands in the way of his obtaining employment in the field for which he has trained. He cannot get a pardon until he has paid the restitution and his inability to get a pardon prevents him from getting the type of employment that could lead to his making restitution of this very large amount: see R. v. Chambers, 2007 ONCA 237.

[2] The restitution order may thus, far from assisting his rehabilitation, undermine it.

[3] Reducing the restitution order does not deprive the financial institutions of their ability to obtain civil judgments against the appellant.

[4] Accordingly, leave to appeal is granted, the appeal is allowed and the restitution order is reduced to $40,000 to be distributed pro rata amongst the five victims.