Karakatsanis J. — This is an appeal as of right from a judgment that was the subject of dissent on a question of law. In this case, the majority of the Quebec Court of Appeal upheld the fraud conviction and the dissenting judge would have substituted a verdict of attempted fraud for that verdict. There is therefore a “disagreement which affects the result” within the meaning of R. v. D’Amico, 2019 SCC 23, [2019] 2 S.C.R. 394, at para. 3.
The majority of the Court is of the view that the appeal should be dismissed, substantially for the reasons of the majority of the Court of Appeal.
Côté J., for her part, would have allowed the appeal in part to substitute an attempted fraud conviction for the fraud conviction, substantially for the reasons of Cotnam J.A., and would have remitted the matter to the trial court for sentencing.
Therefore, the appeal is dismissed.
Cases cited
- R. v. D'Amico 2019 SCC 23 para 3 ¶ 1