R. v. Metz, (1978) 13 A.R. 137 (TD)

• Judge: Moshansky, J.
• Case Date: March 23, 1978
• Citations: (1978), 13 A.R. 137 (TD)

R. v. Metz (1978), 13 A.R. 137 (TD)

MLB headnote and full text

R. v. Metz

Indexed As: R. v. Metz

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Moshansky, J.

March 23, 1978.

Summary:

This headnote contains no summary.

Criminal Law - Topic 2003

Fraudulent transactions - Fraud - Intent to defraud - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 338(1) - The accused was charged with defrauding a mortgage company by submitting an application for mortgage funds on the basis of an inflated purchase price - The accused was the president of a real property investment company, which was managed by another - The manager had a system for obtaining excessive mortgage funds, which involved the obtaining of the acceptance of his offer to purchase and a subsequent offer to purchase for a larger amount from him by a member of the company for the purposes of the application for mortgage funds - At the request of the manager the accused signed one of the offers to purchase to be used for the application - The accused stated that he did not know of the fraudulent double offer system operated by the manager and in fact the manager was removed when the accused and other directors discovered the practice - The accused was charged with defrauding the mortgage company on the basis of the application he signed - The Alberta Supreme Court, Trial Division, dismissed the charge against the accused, because the Crown had failed to prove that the accused had the required intention to defraud.

Cases Noticed:

Re London and Globe Finance Corporation Ltd., [1903] 1 Ch. 728, appld. [para. 2].

R. v. Shymkowich, [1954] S.C.R. 606, appld. [para. 3].

R. v. Vallillee, [1974] C.R.N.S. 319, appld. [para. 4].

R. v. Hauca (1977), 6 A.R. 228, appld. [para. 4].

R. v. Zaritec Industries Ltd., [1975] 4 W.W.R. 702, appld. [para. 5].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 338(1) [para. 1].

Authors and Works Noticed:

Oxford English Dictionary [para. 4].

Counsel:

J.C. Major, Q.C., for the Crown;

D.A. McGillivray, for the accused.

This case was heard at Calgary, Alberta, before MOSHANSKY, J., of the Alberta Supreme Court, Trial Division, Judicial District of Calgary.

On March 23, 1978, MOSHANSKY, J., delivered the following judgment: