R. v. Rosen, (1985) 57 N.R. 13 (SCC)
| Judge | Dickson, C.J.C., Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson, JJ. |
| Court | Supreme Court (Canada) |
| Case Date | February 21, 1985 |
| Jurisdiction | Canada (Federal) |
| Citations | (1985), 57 N.R. 13 (SCC);1985 CanLII 58 (SCC);17 CCC (3d) 128;AZ-85111019;15 DLR (4th) 480;31 Man R (2d) 8;[1985] 1 SCR 83;57 NR 13;15 DLR (4th) 317;11 CRR 183;16 CCC (3d) 481;JE 85-243;1984 CanLII 124 (SCC);44 CR (3d) 232;[1984] 2 SCR 524 |
R. v. Rosen (1985), 57 N.R. 13 (SCC)
MLB headnote and full text
[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
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R. v. Rosen
Indexed As: R. v. Rosen
Supreme Court of Canada
Dickson, C.J.C., Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson, JJ.
February 21, 1985.
Summary:
Rosen was charged and convicted of fraud, breach of trust and theft - see 55 C.C.C.(2d) 342. Rosen appealed.
The Ontario Court of Appeal dismissed the appeal without reasons. Rosen was granted leave to appeal to the Supreme Court of Canada.
The Supreme Court of Canada allowed the appeal with respect to the charge of breach of trust and dismissed the charge. The Supreme Court of Canada dismissed the appeals with respect to the charges of fraud and theft.
Criminal Law - Topic 4266
Indictment - Proof of particulars in indictment - Rosen was charged with "being a trustee" and breach of trust - The Supreme Court of Canada found that Rosen was not a trustee - The court dismissed the charge notwithstanding that Rosen was an "aider and abettor" by causing a breach of trust - The court stated that the Crown must prove the particulars in an indictment, otherwise the accused might be misled (see paragraph 5).
Criminal Law - Topic 1929
Offences against property - Breach of trust - Trustee defined - The trial court found that Rosen was a trustee because he was the sole "controlling mind" of a corporation which was alleged to have diverted trust funds - The Supreme Court of Canada found that Rosen was not a trustee (see paragraph 3).
Counsel:
Leo-Rene Maranda, for the appellant;
J. Douglas Ewart, for the respondent.
This appeal was heard by Dickson, C.J.C., Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson, JJ., of the Supreme Court of Canada on January 24, 1985.
The decision of the Supreme Court of Canada was delivered by the Court on February 21, 1985.
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