A 64-year-old Algonquin Highlands Township man has been fined $5,000 and placed on probation after being convicted of stealing more than $60,000 worth of construction materials from a Muskoka building site.
Andrew Clayton of Algonquin Highlands Township was sentenced this week in Bracebridge court after being found guilty of theft over $5,000.
Court heard that the investigation began on Sept. 30, 2024, when members of the Huntsville OPP received a report from a local business alleging that an employee had stolen more than $60,000 worth of construction materials.
Two days later, on Oct. 2, 2024, officers with the Huntsville OPP, assisted by the Muskoka Community Street Crime Unit, recovered the stolen property at a location in Haliburton.
Justice Edward Carleton found that Clayton had converted approximately $66,000 worth of construction materials to his own use by moving them from a large commercial construction site to his property in the Haliburton area.
The court heard Clayton had been entrusted with managing the construction site at the time of the offence.
During the proceedings, Clayton maintained that he had permission to take the materials. However, Justice Carleton rejected that claim, finding the theft stemmed from a disagreement and that Clayton took the materials as leverage in a financial dispute involving the owner of another company.
The victim told the court that additional items were taken and never recovered. However, Justice Carleton said there was insufficient evidence to determine that for certain.
The Crown sought a sentence of 90 days in jail followed by one year of probation, arguing Clayton had shown no remorse and had provided several different explanations for taking the materials.
Defence counsel requested a conditional discharge and probation, noting Clayton had no prior criminal record.
In delivering the sentence, Justice Carleton said the offence had a profound impact on both the business and its owner and stressed the need for denunciation of Clayton’s conduct.
Clayton was sentenced to a $5,000 fine and 12 months of probation.
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