Criminal fraud grounded in non-disclosure

R. v. Gour, 2014 ONCA 51

[8]          We disagree.  Based on R. v. Theroux, [1993] 2 S.C.R. 5 and R. v. Zlatic, [1993] 2 S.C.R. 29, which held that the words "other fraudulent means" in the offence of fraud proscribed in s. 380(1) of the Criminal Code allow convictions grounded in non-disclosure of important facts, we have no hesitation affirming the trial judge's key conclusions:

1.    the failure to disclose the handsome commissions being paid to these apparent "volunteers" constituted the hiding of a fundamental and essential element of this fundraiser-contributor relationship; and

2.    this failure to disclose was such as to mislead the reasonable contributor.