Terry G. Mazerolle

The accused pleaded guilty to 28 fraud and related charges after operating a Ponzi-style scheme under the guise of film production investments, defrauding 26 victims of $296,250.

The funds were largely used to support the accused's lavish lifestyle.

The court weighed the significant breach of trust, the number of victims, and the global amount against the accused's guilty plea and lack of prior record.

The accused was sentenced to 18 months' imprisonment, 3 years' probation, ordered to pay full restitution, and subjected to a 5-year prohibition under s. 380.2 of the Criminal Code.

The defendants brought a motion to strike portions of a statement of claim alleging negligence and abuse of position against a band council, its employees, and police officers arising from a disputed land transfer on reserve lands.

The court held that employees of a band council are analogous to municipal officials and benefit from protections against personal liability for acts performed in good faith in the exercise of public duties.

The pleadings failed to disclose a cause of action against the individually named defendants and did not adequately particularize how the police conduct caused the plaintiff’s alleged damages.

The claims against the individual defendants were struck, but the negligence action against the band council itself was allowed to proceed.

The plaintiff was granted leave to file a fresh statement of claim compliant with the Rules of Civil Procedure and could amend to plead fraud, bad faith, or dishonesty if supported.