Paul Rivard

The appellant, a former lawyer, was convicted of six counts of fraud and one count of theft related to the misappropriation of client funds in a land development scheme.

He appealed his convictions and his sentence of 20 months' imprisonment and $164,000 in restitution.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's dismissal of the appellant's Charter motion for unreasonable delay, and concluding that the verdicts were reasonable and the jury instructions were adequate.

The court also upheld the sentence, finding no error in the trial judge's refusal to impose a conditional sentence.

The appellant was arrested in Nova Scotia and transported to Ontario, where he appeared before a justice of the peace.

The Crown conceded he should have been taken before a justice in Nova Scotia under s. 503(3) of the Criminal Code.

The appellant sought release via habeas corpus.

The Court of Appeal dismissed the appeal, holding that while the arrest may have been illegal, subsequent valid proceedings justified his current detention, precluding release under habeas corpus.

The appellant appealed his convictions for sexual assault with a weapon, sexual interference, and forcible confinement.

The Court of Appeal found that the trial judge erred in his reasons by inappropriately considering what would happen to the complainant if the accused were not convicted, and by framing the credibility assessment as a contest of whether the complainant or the accused was 'guilty' of fabrication.

The appeal was allowed, the convictions were set aside, and a new trial was ordered.