T. Wightman

This motion concerned an application by the Crown to quash a subpoena issued by the defence to the lead Crown counsel, Monica Gharabaway.

The defence sought to compel Ms. Gharabaway's testimony in an abuse of process motion, alleging improper disclosure of mobile phone data and other evidence.

The court found that the defence failed to demonstrate that Ms. Gharabaway's evidence was material, relevant, or necessary, characterizing the subpoena as a "fishing expedition." The court emphasized the stringent test for compelling opposing counsel to testify and outlined a new procedure for issuing subpoenas to opposing counsel.

The application to quash the subpoena was granted.

The accused, a financial advisor, pleaded guilty to 19 counts of fraud totaling over $2.8 million, primarily against senior citizens who were his trusted clients.

The court considered aggravating factors such as the magnitude, complexity, duration, number of victims, significant impact on victims, and breach of trust.

Mitigating factors included guilty pleas and expressed desire to repay.

General deterrence and denunciation were identified as primary sentencing principles for large-scale frauds.

The court imposed a sentence of 7 years' imprisonment, a restitution order for the defrauded amounts, a fine in lieu of forfeiture, and a prohibition order from managing others' property.