Fraud Charges in Ontario

Updated October 8, 2026

Fraud allegations may arise from transactions, account activity, employment, investments or representations about goods and services. A business loss or broken agreement is not by itself proof of criminal fraud. The alleged dishonest conduct, deprivation and required state of mind must be examined against the evidence.

What does the charge involve?

Criminal Code section 380 addresses deprivation of money, property, valuable security or a service through deceit, falsehood or other fraudulent means. The prosecution must prove the offence beyond a reasonable doubt. The value alleged affects the statutory offence and potential penalty. Do not assume that a statement about the future, an opinion or a contractual dispute is necessarily outside criminal law.

Which records matter?

Disclosure may include contracts, banking records, invoices, communications, audit material and witness accounts. Counsel should examine the full transaction, who controlled funds, what was represented, what each person knew and how the alleged deprivation arose. Accounting evidence and the method used to calculate loss may require independent scrutiny.

Defences require evidence, not labels

Mistaken identity, authority, knowledge, intention or the absence of an alleged dishonest act may raise issues in a particular case. Calling a matter civil, saying that money was repaid or pointing to an unsuccessful business venture does not automatically defeat a charge. A proposed resolution must be assessed against disclosure and the applicable law.

What should you do now?

Preserve originals and complete financial and electronic records. Do not change bookkeeping entries, destroy messages or contact witnesses contrary to release conditions. Speak with counsel before giving an explanation or signing proposed restitution terms. A criminal proceeding may also affect employment, professional regulation, travel or immigration status; discuss those consequences before a plea decision.

Sources and scope

Sources: Criminal Code section 380. This is an updated replacement for a legacy overview. It is general information, not legal advice. The exact charge, applicable statutory version and evidence require individual review.