Sharbot Lake Man Sentenced to One Year in Prison After Being Convicted of Theft
In a sentencing decision on December 4th, Justice Mew of the Superior Court of Justice, Kingston, sentenced John Ehrhardt, to one year imprisonment on the charge of theft by a person holding a power of attorney, and to a concurrent one-year term on the charge of theft over $5,000. Justice Mew also made an order of restitution in the amount of $82,489.22 to be paid within 2 years, to the estate of Barbara Driscoll.
The sentence also includes an order prohibiting Mr. Ehrhardt from communicating with Brian Driscoll, Lynne Driscoll and any members of their immediate families.
Erhardt was convicted on June 9th after a trial before a jury. He has launched an appeal and is currently out on bail, pending the outcome of his appeal. There is also an active civil case in the matter.
The events that led to a police investigation, and ultimately the conviction and sentencing, go back almost 20 years, to 2007.
According to the case synopsis that was published by Ontario Superior Court with the sentencing decision in the case, Mr. Erhardt met Barbara Driscoll in 2007 and moved into her house on Sharbot Lake in 2010 or 2011. He was given Power of Attorney by Driscoll in 2014, and that power was terminated by court order in 2017.
Barbara (who went by Barb) Driscoll was taken into residential care for dementia in August of 2015.
According to the sentencing report, the evidence at trial established that Barb Driscoll was incapable of managing her own finances between June 2015, until her death on December 3, 2017.
The court outlined a number of transactions, totaling $82,489,22. These totals include $75,000 for which Ehrhardt “provides no explanation”.
Judge Mew also referred to delays in court proceedings, both in the trial and the sentencing hearing, that came from health complaints and hospital visits by Mr. Ehrhardt, that were dubious.
Addressing Mr. Ehrhardt directly, Judge Mews said in his report that “given the chance to address the court, you completely deflected any notion of personal responsibility for your actions. You blamed your former lawyers, you blamed Ms. Driscoll’s children, you had earlier blamed the amicus counsel who had assisted you and the court at trial, and you blamed the justice system as a whole.
“Indeed, you claimed to be a victim yourself. You said that you cannot show remorse for something that you feel occurred as a result of you being taken advantage of.”
The judge also characterised Mr. Eherhardt's behaviour towards Barb Driscoll in stark terms.
"The Crown’s characterisation of your conduct as intimate partner violence, through coercive and controlling behaviour, is entirely apt. It is also an aggravating factor, as were your attempts to keep Ms. Driscoll’s family at bay, lest they realised sooner the extent of your manipulation and abuse of trust."
Lynne Driscoll contacted the News via email on behalf of the Driscoll family, said they are not willing to comment on the case, except to say: “We are grateful to the OPGT [Office of the Public Guardian and Trustee] OPP [Ontario Provincial Police] the Crown, the witnesses, jury and the court for the result.”
