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R. v. D., 2002 ABCA 2: - Fraud Defence

Public Health Act regulatory offences - defendant landlord sought particulars of offence – held: disclosure material constituted sufficient detail of allegations – application for leave to appeal dismissed.

It emerged apparent during the course of argument that a certain volume of materials that was tendered to the presiding judge on the occasion of Mr. Doz’s second appearance in the Provincial Court had been delivered to the Applicant. That volume of materials includes reports of inspections that took place subsequent to January 12, 1998. The latter is the date of the executive officer’s order which is at the heart of the formal complaint alleging a violation of the Public Health Act.

Mr. Doz complains that particulars of the outstanding deficiencies were not furnished in a timely fashion. That contention ignores the detailed information set out in the volume of materials produced at the second appearance in Provincial Court which would have fixed Mr. Doz with sufficient knowledge of the Crown’s case so as to afford him every opportunity to mount a full answer and defence to the allegation of non-compliance with the executive officer’s order.

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