Overview
R v. Ehrhardt[1] is a significant decision at the intersection of criminal and elder law. The Ontario Superior Court of Justice imposed a custodial sentence and ordered restitution exceeding $82,000 against an attorney for property who systematically exploited his cognitively vulnerable partner. The decision underscores that misuse of a power of attorney is not merely a private family dispute or a civil accounting issue: where the evidence supports it, it may constitute criminal exploitation of a vulnerable adult.
Background
The accused, John Ehrhardt (“Mr. Ehrhardt”), was the long-time common-law partner of the late Barbara Driscoll (“Ms. Driscoll”).[2] Ms. Driscoll granted Mr. Ehrhardt a continuing power of attorney for property in July 2014.[3] By that time, she was already exhibiting signs of cognitive decline, and she was formally diagnosed with Alzheimer’s-type dementia within weeks.[4]
Ms. Driscoll entered long-term care in August 2015 and never returned home on a permanent basis.[5] From that point until her death in December 2017, she was incapable of managing her finances.[6] Over the final two-and-a-half years of her life, Mr. Ehrhardt exercised complete control over her assets, and, as the jury ultimately found, systematically used that authority to appropriate her funds for his own personal benefit.
Following a jury trial, Mr. Ehrhardt was convicted of[7]:
- theft by a person holding a power of attorney, contrary to s. 331 of the Criminal Code; and
- theft over $5,000, contrary to s. 334(a).
The Misuse of the Power of Attorney
The jury was satisfied beyond a reasonable doubt that, while acting under the continuing power of attorney for property, Mr. Ehrhardt intentionally and dishonestly used Ms. Driscoll’s assets as if they were his own.[8] The evidence established a sustained pattern of financial abuse occurring while Ms. Driscoll was incapable of managing her property and entirely dependent on him.
A forensic accounting analysis demonstrated that approximately $75,000 was transferred from accounts held solely or jointly by Ms. Driscoll into accounts held solely by Mr. Ehrhardt, while less than $4,000 flowed in the opposite direction.[9] Several large transfers and cheques payable to Mr. Ehrhardt, including payments of $35,000 and $30,000, were left wholly unexplained.[10]
Ms. Driscoll’s funds were repeatedly used to pay for Mr. Ehrhardt’s personal expenses, including legal fees incurred for his own benefit, travel, dental treatment, vehicle repairs, computer equipment, and ongoing consumer expenditures.[11] In June 2017 alone, funds transferred from Ms. Driscoll’s account were used primarily for cash withdrawals and payments to law firms providing services to Mr. Ehrhardt personally.
After declaring bankruptcy, Mr. Ehrhardt applied for and obtained a credit card in Ms. Driscoll’s name, increased its credit limit to $15,000, and incurred high-interest debt at a rate of %19.99.[12] Ms. Driscoll did not use this card, and many of the expenditures were found to have no connection to her care or benefit.
Taken together, the evidence demonstrated that Mr. Ehrhardt assumed full control over Ms. Driscoll’s finances and treated her property as his own, in clear breach of the fiduciary duties imposed by the power of attorney and during a period when she lacked the capacity to detect, challenge, or prevent the misuse.
Impact on the Victim
The impact of Mr. Ehrhardt’s conduct on Ms. Driscoll was shaped by her age, cognitive decline, and resulting dependence. By the time of the offending, Ms. Driscoll was suffering from advanced dementia, residing in long-term care, and incapable of managing her property. The Court accepted that her cognitive impairment and isolation meant she would have been unable to appreciate the extent of the financial abuse or to protect herself from it while it was occurring.[13]
The misuse of the power of attorney deprived Ms. Driscoll not only of significant financial resources, but of autonomy at a stage of life when substitute decision-making authority is intended to function as a safeguard. The Court characterized the abuse as coercive and controlling, facilitated by Mr. Ehrhardt’s position as both intimate partner and attorney for property.[14]
Although Mr. Ehrhardt was also elderly and raised health concerns, the evidence demonstrated that he retained the capacity to exercise control over complex financial matters and to direct the use of Ms. Driscoll’s assets. The imbalance between Ms. Driscoll’s incapacity and Mr. Ehrhardt’s ability to manage and manipulate her finances was central to the Court’s assessment of harm.
Sentencing Principles Applied
In imposing sentence, the Court emphasized several aggravating factors[15]:
- Abuse of a position of trust, expressly recognized under s. 718.2(a)(iii) of the Criminal Code, arising from Mr. Ehrhardt’s role as attorney for property and his complete control over Ms. Driscoll’s finances;
- Pronounced victim vulnerability, as Ms. Driscoll was suffering from advanced dementia, incapable of managing her property, socially isolated, and dependent on Mr. Ehrhardt, leaving her unable to detect, question, or resist the misuse of her assets;
- Coercive and controlling conduct within an intimate partner relationship, including the assumption of total financial control and the exclusion of family oversight; and
- The absence of insight, remorse, or accountability, reflected in the offender’s persistent deflection of responsibility and minimization of harm.
While Mr. Ehrhardt’s advanced age and health issues were considered[16], the Court rejected the defence position that these factors justified a conditional sentence.[17] The sentencing judge expressed little confidence in the offender’s rehabilitative prospects, particularly in light of his history of non-compliance with court orders and refusal to acknowledge wrongdoing.
Custodial Sentence and Restitution
Mr. Ehrhardt was sentenced to one year of imprisonment, concurrent on both counts.[18] Importantly, the Court also ordered restitution in the amount of $82,489.22 payable to Ms. Driscoll’s estate.[19]
In doing so, the Court rejected the defence argument that restitution could not be ordered because an estate is not a “person” within the meaning of s. 738(1) of the Criminal Code.[20] Relying on appellate authority, including R. v. Hooyer[21], the Court declined to adopt a narrow or technical interpretation of the restitution provisions that would frustrate their remedial purpose. [22] In Hooyer, the Ontario Court of Appeal upheld a restitution order in favour of a deceased victim’s estate arising from the misuse of a power of attorney, implicitly recognizing that where financial abuse has depleted estate assets, restitution to the estate is both practical and principled, notwithstanding the estate’s lack of independent legal personality.[23]
The Court further held that the existence of parallel civil proceedings did not preclude a restitution order, particularly where the losses were readily quantifiable and directly attributable to the offender’s breach of trust.[24] Criminal restitution was therefore appropriate notwithstanding ongoing litigation concerning capacity, entitlement, or the validity of testamentary instruments.[25]
Significance & Takeaway
R v. Ehrhardt underscores several important principles for estates and elder-law practitioners. A power of attorney is a fiduciary instrument, and misuse of it can expose an attorney not only to civil liability, but to incarceration. Criminal courts are increasingly prepared to recognize financial exploitation of vulnerable adults as coercive and controlling conduct, particularly where it occurs within intimate or caregiving relationships. The decision also confirms that restitution orders may be made in favour of an estate, even where parallel civil litigation concerning capacity, the validity of testamentary instruments, or entitlement remains ongoing.
Taken together, the case sends a clear message: exploiting a vulnerable grantor under the guise of a power of attorney is not merely a private family dispute to be addressed through passing of accounts or will challenges. Where the evidence supports it, such conduct will be denounced as criminal abuse of trust, with real consequences for liberty, reputation, and financial accountability.
—
[1] R. v. Ehrhardt, 2025 ONSC 6850.
[2] Ibid at para 2.
[3] Ibid.
[4] Ibid at para 3.
[5] Ibid.
[6] Ibid at para 8.
[7] Ibid at para 1.
[8] Ibid at para 7.
[9] Ibid at para 9.
[10] Ibid at para 10.
[11] Ibid at para 11.
[12] Ibid at para 12.
[13] Ibid at para 30.
[14] Ibid.
[15] Ibid at paras 44-49.
[16] Ibid at paras 14-31.
[17] Ibid at para 72.
[18] Ibid at para 75.
[19] Ibid at para 77.
[20] Ibid at para 57.
[21] R. v. Hooyer, 2016 ONCA 44.
[22] R. v. Ehrhardt, supra note 1 at paras 42, 55.
[23] Ibid at para 42.
[24] Ibid
[25] Ibid at para 67.
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Written by: Emily Caza
Posted on: February 13, 2026
Categories: Commentary, WEL Newsletter
Overview
R v. Ehrhardt[1] is a significant decision at the intersection of criminal and elder law. The Ontario Superior Court of Justice imposed a custodial sentence and ordered restitution exceeding $82,000 against an attorney for property who systematically exploited his cognitively vulnerable partner. The decision underscores that misuse of a power of attorney is not merely a private family dispute or a civil accounting issue: where the evidence supports it, it may constitute criminal exploitation of a vulnerable adult.
Background
The accused, John Ehrhardt (“Mr. Ehrhardt”), was the long-time common-law partner of the late Barbara Driscoll (“Ms. Driscoll”).[2] Ms. Driscoll granted Mr. Ehrhardt a continuing power of attorney for property in July 2014.[3] By that time, she was already exhibiting signs of cognitive decline, and she was formally diagnosed with Alzheimer’s-type dementia within weeks.[4]
Ms. Driscoll entered long-term care in August 2015 and never returned home on a permanent basis.[5] From that point until her death in December 2017, she was incapable of managing her finances.[6] Over the final two-and-a-half years of her life, Mr. Ehrhardt exercised complete control over her assets, and, as the jury ultimately found, systematically used that authority to appropriate her funds for his own personal benefit.
Following a jury trial, Mr. Ehrhardt was convicted of[7]:
The Misuse of the Power of Attorney
The jury was satisfied beyond a reasonable doubt that, while acting under the continuing power of attorney for property, Mr. Ehrhardt intentionally and dishonestly used Ms. Driscoll’s assets as if they were his own.[8] The evidence established a sustained pattern of financial abuse occurring while Ms. Driscoll was incapable of managing her property and entirely dependent on him.
A forensic accounting analysis demonstrated that approximately $75,000 was transferred from accounts held solely or jointly by Ms. Driscoll into accounts held solely by Mr. Ehrhardt, while less than $4,000 flowed in the opposite direction.[9] Several large transfers and cheques payable to Mr. Ehrhardt, including payments of $35,000 and $30,000, were left wholly unexplained.[10]
Ms. Driscoll’s funds were repeatedly used to pay for Mr. Ehrhardt’s personal expenses, including legal fees incurred for his own benefit, travel, dental treatment, vehicle repairs, computer equipment, and ongoing consumer expenditures.[11] In June 2017 alone, funds transferred from Ms. Driscoll’s account were used primarily for cash withdrawals and payments to law firms providing services to Mr. Ehrhardt personally.
After declaring bankruptcy, Mr. Ehrhardt applied for and obtained a credit card in Ms. Driscoll’s name, increased its credit limit to $15,000, and incurred high-interest debt at a rate of %19.99.[12] Ms. Driscoll did not use this card, and many of the expenditures were found to have no connection to her care or benefit.
Taken together, the evidence demonstrated that Mr. Ehrhardt assumed full control over Ms. Driscoll’s finances and treated her property as his own, in clear breach of the fiduciary duties imposed by the power of attorney and during a period when she lacked the capacity to detect, challenge, or prevent the misuse.
Impact on the Victim
The impact of Mr. Ehrhardt’s conduct on Ms. Driscoll was shaped by her age, cognitive decline, and resulting dependence. By the time of the offending, Ms. Driscoll was suffering from advanced dementia, residing in long-term care, and incapable of managing her property. The Court accepted that her cognitive impairment and isolation meant she would have been unable to appreciate the extent of the financial abuse or to protect herself from it while it was occurring.[13]
The misuse of the power of attorney deprived Ms. Driscoll not only of significant financial resources, but of autonomy at a stage of life when substitute decision-making authority is intended to function as a safeguard. The Court characterized the abuse as coercive and controlling, facilitated by Mr. Ehrhardt’s position as both intimate partner and attorney for property.[14]
Although Mr. Ehrhardt was also elderly and raised health concerns, the evidence demonstrated that he retained the capacity to exercise control over complex financial matters and to direct the use of Ms. Driscoll’s assets. The imbalance between Ms. Driscoll’s incapacity and Mr. Ehrhardt’s ability to manage and manipulate her finances was central to the Court’s assessment of harm.
Sentencing Principles Applied
In imposing sentence, the Court emphasized several aggravating factors[15]:
While Mr. Ehrhardt’s advanced age and health issues were considered[16], the Court rejected the defence position that these factors justified a conditional sentence.[17] The sentencing judge expressed little confidence in the offender’s rehabilitative prospects, particularly in light of his history of non-compliance with court orders and refusal to acknowledge wrongdoing.
Custodial Sentence and Restitution
Mr. Ehrhardt was sentenced to one year of imprisonment, concurrent on both counts.[18] Importantly, the Court also ordered restitution in the amount of $82,489.22 payable to Ms. Driscoll’s estate.[19]
In doing so, the Court rejected the defence argument that restitution could not be ordered because an estate is not a “person” within the meaning of s. 738(1) of the Criminal Code.[20] Relying on appellate authority, including R. v. Hooyer[21], the Court declined to adopt a narrow or technical interpretation of the restitution provisions that would frustrate their remedial purpose. [22] In Hooyer, the Ontario Court of Appeal upheld a restitution order in favour of a deceased victim’s estate arising from the misuse of a power of attorney, implicitly recognizing that where financial abuse has depleted estate assets, restitution to the estate is both practical and principled, notwithstanding the estate’s lack of independent legal personality.[23]
The Court further held that the existence of parallel civil proceedings did not preclude a restitution order, particularly where the losses were readily quantifiable and directly attributable to the offender’s breach of trust.[24] Criminal restitution was therefore appropriate notwithstanding ongoing litigation concerning capacity, entitlement, or the validity of testamentary instruments.[25]
Significance & Takeaway
R v. Ehrhardt underscores several important principles for estates and elder-law practitioners. A power of attorney is a fiduciary instrument, and misuse of it can expose an attorney not only to civil liability, but to incarceration. Criminal courts are increasingly prepared to recognize financial exploitation of vulnerable adults as coercive and controlling conduct, particularly where it occurs within intimate or caregiving relationships. The decision also confirms that restitution orders may be made in favour of an estate, even where parallel civil litigation concerning capacity, the validity of testamentary instruments, or entitlement remains ongoing.
Taken together, the case sends a clear message: exploiting a vulnerable grantor under the guise of a power of attorney is not merely a private family dispute to be addressed through passing of accounts or will challenges. Where the evidence supports it, such conduct will be denounced as criminal abuse of trust, with real consequences for liberty, reputation, and financial accountability.
—
[1] R. v. Ehrhardt, 2025 ONSC 6850.
[2] Ibid at para 2.
[3] Ibid.
[4] Ibid at para 3.
[5] Ibid.
[6] Ibid at para 8.
[7] Ibid at para 1.
[8] Ibid at para 7.
[9] Ibid at para 9.
[10] Ibid at para 10.
[11] Ibid at para 11.
[12] Ibid at para 12.
[13] Ibid at para 30.
[14] Ibid.
[15] Ibid at paras 44-49.
[16] Ibid at paras 14-31.
[17] Ibid at para 72.
[18] Ibid at para 75.
[19] Ibid at para 77.
[20] Ibid at para 57.
[21] R. v. Hooyer, 2016 ONCA 44.
[22] R. v. Ehrhardt, supra note 1 at paras 42, 55.
[23] Ibid at para 42.
[24] Ibid
[25] Ibid at para 67.
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