Court of Appeal for Ontario

Citation: R. v. Chowbay, 2013 ONCA 42

Date: 20130124

Docket: C53380

Before: Rosenberg, Simmons and Watt JJ.A.

Between

Her Majesty the Queen

Respondent

and

Valmiki Chowbay

Appellant

Counsel: Robert Lepore, for the appellant Tracy L. Kozlowski, for the respondent

Heard: January 23, 2013

On appeal from the conviction entered on October 14, 2010 by Justice R. Cary Boswell of the Superior Court of Justice, sitting with a jury.

APPEAL BOOK ENDORSEMENT

[1] In our view, this jury verdict with respect to the appellant is unreasonable. Any possibility of the appellant being a party to this offence turned on the finding that the transaction was fraudulent from the outset. This was mere speculation on this record. Similarly, it was speculative that the appellant did anything to aid this transaction after November 1, 2005, when the transaction undoubtedly was shown to be fraudulent.

[2] Given the absence of reasonable inferences that the appellant did anything for the purpose of aiding a fraudulent transaction, this verdict cannot stand.

[3] Accordingly, the appeal is allowed, the conviction set aside and an acquittal entered.