
Our Experience
In 2023, the Firm represented an individual charged with theft under $5,000 in R. v. M.F. [2023]. The accused was terminated from his place of employment and arrested after a box of merchandise went missing. Security cameras confirmed the accused took the merchandise to his desk prior to it going missing. The Firm reviewed the disclosure, pointing out various issues early on in the case. After negotiating with the Crown for more than a year and demonstrating various issues with their case, the Firm secured the withdrawal of the charge.
In 2021, the Firm defended an individual charged with theft over $5,000 and falsifying employment records in R. v. K.S. [2021]. The client was charged after allegedly committing time theft by falsifying time records at his job and stealing over $15,000.00 worth of wages. The Firm was able to secure a withdrawal of both charges by calling into question the credibility of evidence presented by another employee who had a prior history of fraud and by showing that the accused had completed work from home. The Firm gathered evidence that manager approval was granted which made it difficult for the business to prosecute the accused for the loss. Forensic data was also reviewed and found errors in the credentials used to log the additional time the employee allegedly did not work.
In 2020, the Firm resolved a $5,000 Home Depot theft and fraud ring without a criminal record in Scarborough in its R. v. M.K. [2020]. The accused was allegedly stealing and returning merchandise at various locations and had 13 fraud related charges. Retail theft has been on the rise with undercover operatives catching offenders. Retailers have a strong interest in apprehending shoplifters because of rising inflation, the business costs associated with theft and to send a message to other shoppers. If you are charged with theft, fingerprints and photographs will be taken and stored by the RCMP. Retailers have been upgrading their video surveillance and data analytics to gather evidence and arrest shoppers at later dates, even after they have left the store.

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In 2019, the Firm represented a client accused of stealing from their employer in R. v. O.I. [2019], the Firm successfully resolved the $170,000.00 combined civil and criminal internal employee fraud allegation without a criminal record. The employee was allegedly returning false merchandise and diverting the money to his personal bank account. The company discovered the loss through an internal audit and tracing the transaction records to his bank account. The Firm was able to exclude a significant portion of the alleged loss by challenging the inventory evidence presented by loss prevention of the company.
In 2017, the Firm represented an individual charged with defrauding the Bank of Nova Scotia out of more than $50,000 in the case of R. v. S.A. [2017]. The client worked for Canada Post and allegedly acquired forged fax documents and a fake identity and used it to open a line of credit with the bank. Bank staff became suspicious and reported the matter to police who began surveilling the accused. The Firm carefully reviewed disclosure to look for errors in the investigation before conducting a judicial pre-trial. The Firm was able to defeat the most serious offences, running a contested guilty plea on the least serious offence. The client was granted a conditional discharge, avoiding a permanent criminal record.
In 2017, the Firm represented a client accused of stealing more than $18,500 in cash from CIBC bank in R. v. D.D. [2017]. The employee was arrested after being caught on surveillance loading cash into a bag at the downtown Toronto headquarters. The Firm brought a representative from CIBC to a judicial pre-trial, securing an unusually lenient outcome. The matter was resolved without a criminal record.
Punishments for Theft Depend on the Value of Property

In 2016, the Firm represented an individual charged with theft under $5,000 after stealing merchandise from The Bay in R. v. S.Y. [2016]. After carefully reviewing the disclosure and engaging in in-depth negotiations with the Crown, the Firm secured the withdrawal of the charge. Jordan Donich has negotated with internal investigators at The Bay’s corporate headquarters in New York City to resolve theft ring allegations before they are reported to the police.
In 2016, the Firm secured the withdrawal of charged of theft, attempted theft and fraud charges in R. v. J.A. [2016]. The client was charged after their employer discovered an employee theft ring at the Rogers Center, with more than $3,000 worth of Blue Jays merchandise taken.
In 2020, the Firm successfully defended an individual accused of stealing more than $30,000 worth of merchandise from their employer in R. v. E.K. [2020]. The client was arrested after her employer discovered evidence that her and her manager had been stealing merchandise from the store for several months. The Firm conducted and investigation of its own uncovering evidence that the manager had been the primary perpetrator and was attempting to blame the subordinate employee. The Firm presented the evidence to the Crown which ultimately led to the theft over $5,000 charge being withdrawn.
How to Defend Theft Under $5000
In 2016, the Firm resolved a $1,500.00 Fraud and theft under $5,000 allegation from The Bay, without a criminal record, where a Bay Street employee was charged with shoplifting and caught by undercover security in the menswear department in its R. v. C.T. [2016]. The Firm further secured a withdrawal of nine (9) charges of theft and fraud from The Bay after a year of litigation in its R. v. G.E. [2016].
In the Firm’s R. v. G.G. [2015], it successfully defended a BMO bank teller charged with theft and fraud under $5,000 for allegedly robbing the bank on the job. All charges were withdrawn. The Firm secured a withdrawal of eight theft and fraud charges in its R. v. K.L [2015], including conspiracy to commit an indictable offence for a Target Canada and Staples shoplifting ring.
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Frequently Asked Questions
What will Happen if you are Charged with Theft Over $5,000?
When an individual is arrested and charged with theft over $5,000, they may be released by the police right away or held for a bail hearing. When determining whether to hold an accused for a bail hearing the police will consider the value of the theft, among other things. The higher the value of the theft, the more likely the police are to hold the accused for a bail hearing.
Once released, the accused will be given a first appearance court date. At some point after the first appearance court date, the accused’s disclosure will become available. The disclosure will be made able available to the accused or their lawyer little by little as it is vetted by the Crown’s office.
Once disclosure is provided, the accused or their lawyer will have a better idea of the case to meet. Understanding the Crown’s evidence will allow the defence to build their defence strategy. Once disclosure is received, the defence will conduct a Crown pre-trial, followed by a judicial pre-trial. Eventually, the case will be set down for a guilty plea or for a trial, depending on the evidence in the Crown’s possession and the accused’s instructions.
What if I Stole from my Employer?
When an individual is arrested and charged with theft for stealing from their employer, they will be charged with theft pursuant to section 322(1) of the Criminal Code. There is no separate offence for theft from one’s employer. The manner in which cases of theft from one’s employer are prosecuted however, is different than theft occurring in other situations.
Those convicted of stealing from their employer will, on average, receive higher penalties than those convicted of theft occurring in other situations. This is due to the position of trust and authority an employee is placed in by their employer. The Court views an abuse of a position of trust or authority as particularly aggravating, necessitating more severe penalties for those convicted.
An individual who steals from their employer who is also a regulated professional will face even more severe penalties. In addition to being sentenced by the court, a regulated professional who is arrested for theft will be reported to their regulatory College. In many cases, the professional will have a duty to report themselves if they are arrested.
Will I go to Jail for Theft in Toronto?
Whether or not an individual in Toronto will be sentenced to jail for a theft conviction will depend largely on the value of the theft and the facts surrounding the theft. When sentencing an offender for a theft offence the sentencing court will consider the sentencing principles from the Criminal Code, the offender’s history, and the circumstances in which the theft occurred including the impact on those affected.
When convicted of theft over $5,000, the chances of an offender being sentenced to custody are higher. Furthermore, the presence of aggravating factors in a case will increase the chances of the court imposing a custodial sentence. As noted above, the court will view the abuse of a position of trust or authority as particularly aggravating. Those who steal from their employer or another person or institution who trusted them are far more likely to face custody
If I Repay the Money will the Crown drop the Charge?
Typically, no. Once a theft charge is laid, the Crown typically will not care whether the money has been repaid to the victim. The Crown will continue with the prosecution even if the accused has repaid the money prior to being convicted. Very rarely will repayment result in the charge being withdrawn. Allowing an accused to repay money in exchange for charges being dropped would result in a society where everyone would steal and then just give the item or money back if caught without consequence. It is also of note that repaying money could be seen as an admission of guilt which the Crown can use as evidence to prosecute the individual.
While repaying of the money or returning the item will usually not result in the Crown withdrawing the charge, it may result in mitigation on sentence should the accused be convicted. The Court may consider the fact that the accused repaid the money or returned the items voluntarily as a sign of remorse which may result in a reduced penalty.
What is Restitution?
Restitution is money paid by an offender to the victim of a crime to repay the victim for the losses caused by the crime. When an individual is convicted of an offence like theft, the sentencing court may impose a restitution order on the offender. A restitution order requires the offender to pay the victim of the offence the amount noted in the restitution order.
A restitution order will cover readily ascertainable financial loses that resulted from the actions of the offender. The order can only cover losses up to the date of sentencing. Where an offender is sentenced to custody, they will begin paying the restitution order when they are released. It should also be noted a restitution order will survive bankruptcy, so an offender cannot simply file for bankruptcy to get out of paying.
Recent Cases
R. v. J.E., 2025 ONSC 6850
In the 2025 case of R. v. J.E., the Court sentenced the offender to one year in prison for stealing more than $82,000 from his late spouse. The 82-year-old offender was convicted by a jury after trial after they found that he had abused his position or trust and authority to steal a significant amount of money from his elderly spouse who was suffering from dementia and other serious illnesses. Despite the offender’s advanced age, the sentencing court noted a previous conviction for financial crimes. The offender’s position of trust and authority was viewed as serious aggravating, necessitating to a custodial sentence.
R. v. T.T., 2023 ONSC 5683
In the 2023 case of R. v. T.T., the offender pled guilty to one count of theft under $5,000 and one count of breach of probation. The offender admitted to having attended a Circle K convenience store and stealing a carton of cigarettes. At the time of his arrest the offender was on probation. The Crown sought a one-year custodial sentence, and the offender sought time served, having already spent 110 days in custody. In sentencing the offender, the court noted that he had over 100 criminal convictions on his record, mostly for property offences, including 88 theft convictions. The Court sentenced the offender to 250 days in custody. With credit for pre-trial custody, the offender had served 250 days and was released.
R. v. K.M., 2025 ONCJ 386
In the 2025 case of R. v. K.M., the offender pled guilty to possession of a stolen vehicle valued at over $5,000. The offender was arrested after police connected him to an on-going vehicle theft and trafficking ring in the GTA. The court found that the offender and other individuals have been stealing cars and then loading them into containers to be shipped outside of Canada and sold. Prior to being sentenced for the offence, the offender was shot repeatedly including in the chest, both knees and leg. The Court also noted a number of substance abuse issues. The Court noted the rise in vehicle thefts in the GTA in recent years, noting this as aggravating. The Court ultimately sentenced the offender to a six-month conditional sentence with house arrest and GPS monitoring which was presented by both counsel as a joint position. The parties noted the offender’s extensive injuries as justification for not imposing a jail sentence.












