Raja Kanaga

The defendant was charged with failure to report a material change in connection with entitlement to benefits within 10 days of the change, contrary to s. 149(2) of the Workplace Safety & Insurance Act, 1997.

Following an initial acquittal and a successful appeal by the prosecutor, a new trial was ordered.

Prior to the re-trial, the defendant's agent raised the issue of fitness to stand trial, arguing the defendant was unable to conduct his defence due to memory loss regarding the relevant events.

The court ordered a forensic psychiatric assessment.

The forensic psychiatrist concluded that the defendant was fit to stand trial, finding that the defendant's claims of memory loss were exaggerated and that he could communicate with counsel.

The court found the defendant fit and remitted the matter to Provincial Offence trial court for trial.

The defendant was charged with willfully failing to inform the Workplace Safety and Insurance Board (WSIB) of a material change in circumstances in connection with his entitlement to benefits, contrary to section 149(2) of the Workplace Safety and Insurance Act, 1997.

The charge arose from surveillance conducted in December 2011 that showed the defendant engaging in activities including driving, making deliveries, and shopping, which the WSIB alleged constituted material changes that should have been reported.

The defendant was found not guilty after the court determined that the Crown had failed to prove the mens rea element of the offence beyond a reasonable doubt.