Tara Esther Messeouda Mrejen

A lawyer pleaded guilty to one count of fraud over $5,000, having misappropriated over $3.2 million from multiple clients and estates through a profound breach of trust.

The court sentenced him to 58 months imprisonment, emphasizing denunciation and general deterrence due to the gravity, duration, and significant impact of the fraud, and the exploitation of his professional position.

Restitution orders were issued in favour of the Law Society of Ontario and one estate, while a claim for legal fees by another victim was declined.

The defendant, David Seemangal, was charged with having excess blood alcohol.

He applied to exclude breath samples and Intoxilyzer results, alleging breaches of his Charter rights under ss. 8 (unreasonable search/seizure), 9 (arbitrary detention), and 10(b) (right to counsel).

The court found that the police conducted an unlawful pat-down search and made an ASD demand without reasonable suspicion, thereby breaching ss. 8 and 9.

The court also found a s. 10(b) breach when the defendant invoked his right to counsel at the roadside but was not afforded an opportunity to consult.

However, the court found no s. 10(b) breach at the police station.

Applying the R. v. Grant test, the court determined that the breaches, while present, were not serious enough to warrant exclusion of the evidence, given the collective police knowledge and the minor impact on the defendant's interests compared to the significant impact on the administration of justice if the reliable evidence were excluded.

Consequently, the application to exclude evidence was dismissed, and Mr. Seemangal was found guilty.