Tammy Diane Robertson

Appeal from a summary judgment order finding the appellants liable for civil fraud in connection with a fraudulent warranty repair scheme.

The appellants, through Eaton Equipment Ltd., submitted falsified invoices and receipts to Canadian Tire Corporation for repairs that were never performed, resulting in losses exceeding $3.2 million.

The Court of Appeal upheld the summary judgment against all appellants except Carleigh Milburn, finding that the motion judge's reasoning regarding her knowledge of the fraud was insufficiently explained and contained an inferential gap.

The appeal was allowed in part as it relates to Carleigh Milburn, but dismissed as it relates to the other appellants.

The Court of Appeal for Ontario dismissed a motion by the appellants for a Norwich-type order seeking production of insurance-related documents from non-parties in the context of an appeal.

The court held that Norwich orders are a pre-trial remedy and are not available at the appellate stage.

The court also found that, even if such an order were available, it would not be appropriate in this case given the findings of fraud against the appellants and the lack of relevance of insurance proceeds to the damages award.

Costs were awarded to the respondent.

The accused pleaded guilty to dangerous driving causing bodily harm.

The Crown sought 60 to 90 days imprisonment on an intermittent basis, while defence counsel sought a suspended sentence with probation.

The court imposed a 60-day intermittent sentence (served on weekends over approximately five months), three years probation with 100 hours of community service, and a three-year driving prohibition.

The court balanced the serious nature of the offence and the need for denunciation and general deterrence against the offender's personal circumstances, remorse, and rehabilitation prospects.