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-   -   Statute of limitation for fraud in Canada? (https://www.askmehelpdesk.com/showthread.php?t=211869)

  • May 2, 2008, 12:22 PM
    mlwoj11
    How long is the statute of limitations for fraud in Ontario, for criminal cases? Fraud under $5000 that is.

    Also, what would be considered discovery of fraud (date that statute starts), the date when the victim is aware of the fraud or when it is reported to the authorities?

    Fraud under $5000 can be summary or indictable offense in Canada, but how is this decided in real life?

    Summary offense means trial with a judge only and indictable means jury too, correct?

    Last question, 2-3 counts of fraud where each case is UNDER $5000 cannot be combined to one count of fraud over $5000, correct?
  • May 2, 2008, 02:43 PM
    JudyKayTee
    Quote:

    Originally Posted by mlwoj11
    How long is the statute of limitations for fraud in Ontario, for criminal cases? Fraud under $5000 that is.

    Also, what would be considered discovery of fraud (date that statute starts), the date when the victim is aware of the fraud or when it is reported to the authorities?


    If you search the question you will see that someone actually in Canada posted in January that there is no Statute on fraud in Ontario.
  • May 2, 2008, 06:14 PM
    mlwoj11
    Quote:

    Originally Posted by JudyKayTee
    If you search the question you will see that someone actually in Canada posted in January that there is no Statute on fraud in Ontario.

    Under $5000 can be summary or indictable offence, summary offences do have statute of limitations but how would the crown decide between the two?
  • May 3, 2008, 11:48 AM
    telusmob147
    If it's an indictable offence then you have a right tot rial with jury, if it's sumamry then there's no jury.

    So if the crown thinks it's worth to have a "big" trial with jury they will go with indictable offence, if not then summary.

    Summary offence has 6 month statute of limtation, indictable offence has no SOL.
  • Feb 18, 2009, 04:57 PM
    Fr_Chuck

    Please do no start a new thread to add to your post, merely "answer" it to post more info

    I have combined the two posts.

    The one question is, are the two or three courts related in any way,
    All to the same business
  • Feb 18, 2009, 05:06 PM
    mlwoj11

    Sorry, new questions:

    Fraud under $5000 can be summary or indictable offense in Canada, but how is this decided in real life?

    Summary offense means trial with a judge only and indictable means jury too, correct?

    Last question, 2-3 counts of fraud where each case is UNDER $5000 cannot be combined to one count of fraud over $5000, correct?
  • Feb 18, 2009, 05:48 PM
    JudyKayTee
    Quote:

    Originally Posted by mlwoj11 View Post
    Sorry, new questions:

    Fraud under $5000 can be summary or indictable offense in Canada, but how is this decided in real life?

    Summary offense means trial with a judge only and indictable means jury too, correct?

    Last question, 2-3 counts of fraud where each case is UNDER $5000 cannot be combined to one count of fraud over $5000, correct?


    No, charges cannot be combined in MOST cases - would need more info.

    I don't know what the difference between the law and real life is. - ?
  • Feb 18, 2009, 05:57 PM
    mlwoj11
    Quote:

    Originally Posted by JudyKayTee View Post
    No, charges cannot be combined in MOST cases - would need more info.

    I don't know what the difference between the law and real life is. - ?

    I just meant who and how decides if fraud under $5000 is summary or indictable offense?

    Is it also true that indictable offense means trial with jury?
  • Feb 18, 2009, 07:34 PM
    JudyKayTee
    Quote:

    Originally Posted by mlwoj11 View Post
    I just meant who and how decides if fraud under $5000 is summary or indictable offense?

    Is it also true that indictable offense means trial with jury?


    You need an Attorney - you obviously do not have a basic understanding of how the law works and you will suffer the consequences unless you discuss the entire situation with counsel.

    I'm not trying to brush you off - I'm just saying that you aren't providing details and so everything here is just a guess.
  • Mar 23, 2009, 06:02 AM
    JudyKayTee
    Quote:

    Originally Posted by Brianernest View Post
    Waht is the statute of limitations on Fraud in Ontario Canada



    Need more info - and please don't add your question to another thread. This should be moved to its own thread.

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