Being charged with fraud does not mean you will be convicted. Many fraud allegations grow out of failed business deals, workplace accounting disputes, benefit overpayments, or transactions that went wrong, situations where there was never an intent to defraud anyone. In many cases there are viable defences or ways to resolve the matter without a criminal conviction.
Under section 380 of the Criminal Code, fraud is depriving another person, or the public, of money, property, or a service by deceit, falsehood, or other fraudulent means. The value alleged determines how the charge is prosecuted and the maximum penalty that applies.
Foote Law represents people charged with fraud offences throughout Ontario, from the investigation stage through disclosure review, resolution discussions, and trial.
Many people believe fraud requires the other side to have actually lost money. That is not the case. Placing someone's financial interests at risk can be enough, even where no loss ever occurred.
To convict, the Crown must prove:
An honest misunderstanding of the facts can be a defence. Intending to repay the money is not, though restitution can still support a resolution.
Fraud charges in Ontario arise in many settings, including:
An allegation of fraud against an employer is also treated as a breach of trust. These clients often deal with a workplace investigation, termination, and a criminal charge all at once, and each affects the others.
Under section 380(1)(b) of the Criminal Code, this is a hybrid offence, so the Crown may proceed by indictment or by summary conviction. The maximum is two years on indictment, or two years less a day on summary conviction.
Under section 380(1)(a), this is a straight indictable offence with a maximum sentence of fourteen years. Where the total value alleged exceeds one million dollars, the Criminal Code sets a mandatory minimum sentence of two years. Large-scale allegations, and those involving a breach of trust, are prosecuted most seriously.
Fraud is often laid together with other counts, and each must be proven separately. These may include:
Most people charged with fraud are released rather than held, but the conditions can be significant. Common conditions include no contact with the complainant, who is often a current or former employer, no attendance at the workplace involved, and sometimes restrictions on banking or handling money for others. Breaching any condition is a separate criminal offence.
There is no single sentence for a fraud conviction. Courts weigh:
Fraud cases are usually built over months, and the early stage is where the most protection is available. Early legal representation may help:
Foote Law defends clients facing fraud charges at every stage of the proceeding:
We accept Legal Aid Ontario certificates and Employee Assistance Program (EAP) referrals.
Click any question to read the answer.
Yes. The Crown only needs to show that someone's financial interests were put at risk by a dishonest act, not that a loss actually occurred.
Value sets the maximum penalty: fraud of $5,000 or less carries a maximum of two years, while fraud over $5,000 carries a maximum of fourteen years. Where the total value alleged exceeds one million dollars, a two-year minimum sentence applies.
No. An intention to repay does not undo the dishonesty or deprivation at the time of the act, though restitution can still support diversion or a more favourable resolution.
Identity theft is obtaining or possessing someone's identity information intending it be used to commit a crime. Identity fraud is actually using that information to personate someone else.
