Les différences entre la fraude et le faux semblant

Toronto-Dominion Bank v. Cushing, 2007 BCSC 1581 (CanLII)

Lien vers la décision
 
[41] As stated by M.B. Henderson in Commercial Crime in Canada (Toronto: Carswell, 1990) at 4-13, fraud is a broader concept than false pretences in two material aspects:

…In a false pretence, the false representation must relate to the past or present but not the future, whereas in fraud the dishonesty may relate to any point in time. In addition, the thing obtained by a false pretence must be capable of being stolen and the victim must part with it, but the victim of a fraud may be defrauded of any property, money, or valuable security merely by causing some deprivation of the victim. Fraud is a very broad offence that encompasses most other fraud-related offences, including false pretences. The phrase “whether or not it is a false pretence” in section 380 means simply that an accused who commits a false pretence in order to defraud the victim may be charged with either fraud or false pretences.