Stephen Scharbach

The Crown appealed a sentencing decision imposing a $10,000 fine on a defendant convicted of dealing in mortgages without a licence under the Mortgage Brokerages, Lenders and Administrators Act, 2006.

The defendant, a former licensed mortgage broker whose licence had been revoked, continued to conduct mortgage brokering activities through a separate company while unlicensed, generating $48,967.20 in commissions over 14 transactions.

The Crown sought a fine of $100,000 at trial and $75,000 on appeal, arguing the sentence failed to give appropriate weight to general deterrence.

The appellate court dismissed the Crown's appeal, finding the trial judge properly considered deterrence and other relevant sentencing principles, and that the $10,000 fine was fit and appropriate given the circumstances of the offender and the nature of the strict liability offence.

Three defendants were charged with making false or misleading statements to insurers under the Insurance Act of Ontario.

Aksana Miakouchkina, operating manager of Ontario Disability Management Inc., was charged with knowingly making false statements on treatment plan forms (OCF-18s) submitted to insurers.

The corporation was charged on a vicarious liability basis.

Gregori Miakouchkine, the sole director and president, was charged with failing to take reasonable care to prevent the corporation from committing the offence.

The court found that the prosecution failed to prove its case beyond a reasonable doubt on all counts and acquitted all three defendants.