Ontario Criminal


Appeal

GROUNDS
Sufficient evidence of fugitive’s conduct to support inference that he was person who created false documents

Appeal by fugitive from order that committed him for extradition to Hungary to be prosecuted for fraud over $5,000. Fugitive was alleged to have engaged in ongoing fraudulent scheme in which he defrauded banks of $49,000 by submitting false car leasing agreements with information he had access to as managing director of car dealership. He was also alleged to have defrauded banks and individuals of $35,800 by entering into loan agreements that he did not intend to pay and by using collateral that he did not own. Extradition judge found evidence was sufficient to justify fugitive’s committal for fraud over $5,000. Appeal dismissed. Available evidence certified in Records of the Case was sufficient to justify fugitive’s committal. Contrary to fugitive’s submission there was sufficient evidence of fugitive’s conduct to support inference that he was person who created false documents or who entered into fraudulent transactions with injured parties. Judge, therefore, did not err in ordering fugitive’s committal.


Republic of Hungary v. Toth (

July 26, 2011, Ont. C.A., Laskin, Rosenberg and Karakatsanis JJ.A., File No. C52445; C53192) Decision at 96 W.C.B. (2d) 24 affirmed. 96 W.C.B. (2d) 23 (14 pp.).

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