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There are many kinds of fraud covered by the Criminal Code. The basic offence of fraud is in section 380 which basically states that fraud is committed when anyone “who, by deceit, falsehood or other fraudulent means . . .  defrauds the public or any person . . . of any property, money or valuable security or any service.” In other words, it is fraud when someone tricks a person or the larger public, out of some kind of property. Property can be any number of things. For example, it could be money, an item, land, a service or shares in a company.

For it to be fraud you must have known that what you were doing was tricking someone out of something. Or, that your trickery could have caused someone to lose something. It is fraud even if you didn’t actually appreciate that you were being dishonest.

Even just attempting to defraud can get you charged.

Even if you never got your hands on the property, you could still be convicted of fraud if the victim was deprived of the property because of your dishonest acts.

Among other things, fraud can cover someone who with the intent to defraud affects the market price of stocks, shares, merchandise or anything that is offered for sale to the public.

The recent news about the stock Sino-Forest and Bre-X are examples of possible frauds.

Penalties for Fraud

If the fraud is for over $5000 then the offence is indictable. (Indictable offences are the more serious ones and have the more severe penalties.

Summary conviction offences are the less serious ones and have the less severe penalties.) If the fraud is for under $5000, then it is up to the Crown to decide whether to treat the charge as an indictable offence or as a summary conviction offence. If the Crown proceeds by summary conviction, the maximum penalty for fraud is six months in jail. If the Crown elects to proceed by indictment, then the maximum penalty is two years where the amount defrauded is not more than $5000 and a maximum penalty of 14 years where the amount is more than $5000.

Fight Your Ontario fraud charges! Call our lawyers at 1-800-668-1657 or visit one of our offices to get a free 30-min consultation.

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I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be more
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
17:16 07 Jun 18
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17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time more
19:28 26 Jun 18
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