In the second day of testimony in provincial court in Toronto, a witness representing TD was grilled by both the defence and prosecution about what harm, if any, the bank incurred as a result. Proving fraud under the Criminal Code requires proving that someone either suffered a loss or was exposed to a risk of economic deprivation.
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“The encampment is currently the only place in the region where it is not illegal for homeless people to set up a tent or structure,” the decision read. “The region has clearly stated that if the encampment is cleared, it is not prepared to allow homeless people to shelter outdoors anywhere on region property. The extremity of this position is what ultimately drives the findings that the infringements are not saved by [the Charter]. No one should romanticize or be starry-eyed about the encampment. It is a miserable and desperate place. But it represents the only remaining safety valve for the region’s homeless as a refuge of last resort.”