Court of Appeal for Ontario

Date: 2019-02-08 Docket: C64635

Judges: Watt, Huscroft and Roberts JJ.A.

Between

Her Majesty the Queen Respondent

and

Daniel Van Bodegom Appellant

Counsel

Janani Shanmuganathan, for the appellant

Catherine Weiler, for the respondent

Heard and Released

Heard and released orally: January 29, 2019

On appeal from the sentence imposed on June 17, 2016 by Justice John P. L. McDermot of the Superior Court of Justice, sitting without a jury.

Reasons for Decision

[1] The appellant was convicted of counts of fraud and money laundering.

[2] On the money laundering count, the trial judge ordered that the appellant pay a fine in lieu of forfeiture in the amount of the fraud – $1,150,000 – within five years of his release from custody.

[3] The appellant says that the trial judge erred in fixing the period for payment because in doing so, he failed to take into account the appellant's ability to pay.

[4] While it may fairly be said that counsel at trial did not make extensive submissions on the issue, both the Crown and defence counsel, apparently alive to the appellant's means, made submissions on the period for payment issue. The time period within which the trial judge ordered payment to be made fell within the range suggested by counsel.

[5] In our view, it simply cannot be said that the trial judge failed to consider ability to pay as a relevant factor in fixing the period for payment.

[6] Leave to appeal sentence is granted, but the appeal from sentence is dismissed.

"David Watt J.A."

"Grant Huscroft J.A."

"L.B. Roberts J.A."