The appellant was convicted of fraud over $5,000 for directing corporate rebate cheques to a company he owned, defrauding his employer of nearly $4 million.
He was sentenced to five years' imprisonment and ordered to pay over $3.4 million in restitution.
On appeal, he argued the trial judge improperly intervened during his testimony, failed to exclude banking records obtained in breach of an implied undertaking, and erred in ordering restitution.
The Court of Appeal dismissed the appeal, finding the trial judge's interventions were appropriate to assist a self-represented accused.
Assuming the banking records were obtained in breach of the appellant's Charter rights, the Court applied the Grant framework and concluded the evidence should not be excluded under s 24(2).
The restitution order was also upheld.
