The appellant was convicted of fraud over $5,000 for failing to report a $9,500 Canada Pension Plan payment to the Ontario Disability Support Program for over five months.
On appeal, she argued the trial judge erred by not expressly addressing whether a reasonable person would consider the delay dishonest given the complexity of the social assistance system.
The Court of Appeal dismissed the appeal, finding the trial judge correctly stated the law and reasonably concluded the appellant's knowing delay and immediate withdrawal of the funds constituted a dishonest act.