SELECTED CASE LAW

ONTARIO:

[2005] OJ No 3777 (ONCA)

In [2005] OJ No 3777 (ONCA), Mr. A operated a private investigation firm. On several occasions, he used his staff in order to extort people he had personal litigation or disputes with. He hired women who had acted as escorts to pose potential clients of the victims who would then try to lure the victims into hotels or apartments that were rigged with hidden audio or video equipment to capture them in compromising positions. Mr. A would then try and use those recording to extort payments out of them. One victim was recorded having sex with one of these women and Mr. A mailed him photos of the footage demanding payment. In another case, the woman told the victim what Mr. A was planning. His colleague Mr. B found the women to hire for this work. Both were found guilty but appealed the conspiracy convictions, which they were acquitted of, as Mr. B was aware of the tasks of the staff, but was not aware that the content would be used for extortion purposes. However, Mr. A’s convictions for possessing an electro-magnetic device for surreptitious interception of private communication as well as extortion. Due to the acquittals, his sentence was reduced to 10 months of incarceration.

Also see: [2003] OJ No 6211 (Supplementary reasons); 2003 CarswellOnt 9140 (ONSC).

 

Criminal Offence(s): Extortion