R v Barbour (ABCA): Defence must show due diligence in communicating disclosure problems
The appellant had been convicted of fraud, arising from a number of mortgage transactions. Relatives of the appellant had applied and been granted a number of mortgages, based upon false information.The trial judge had concluded that the appellant knowingly provided this false information relating to her relatives' mortgage applications to a mortgage agent who then submitted the mortgages for approval to the lender. On appeal (2017ABCA 231), the main argument of the appellant related to whether the Crown had complied with its disclosure obligations. The appellant pointed to one particular document—a draft Information to Obtain—which contained a slightly different statement about the reason that the employment of the mortgage specialist involved in these transactions had been terminated by CIBC. The sworn ITO said that the specialist had been fired because he had violated policy and not done enough checks. The draft also said that the specialist had altered documents. The appellant argued that this draft ITO opened lines of questioning that had not been explored at trial and that the draft ITO had not been properly disclosed by [...]