Two men convicted of fraud in the multimillion-dollar redevelopment of Toronto’s St. Michael’s Hospital are asking an Ontario judge to reopen their trial and acquit them, arguing the convictions were based on a legal theory not advanced by prosecutors.

Two men found guilty of fraud in the redevelopment of Toronto’s St. Michael’s Hospital are seeking to have their convictions overturned by the same judge who found them guilty, arguing the trial outcome was based on flawed legal reasoning.

Vas Georgiou, a former chief administrative officer at St. Michael’s Hospital, and John Aquino, the former president of Bondfield Construction, were convicted in October on fraud charges linked to the hospital’s redevelopment procurement process. Prosecutors alleged the bidding process was compromised by undisclosed conflicts of interest and secret communications between the two men.

Rather than filing an appeal, defence lawyers are asking Ontario Superior Court Justice Peter Bawden to reopen the trial and enter acquittals. A three-day court hearing is scheduled to address the request, followed by sentencing arguments if the convictions stand.

Defence counsel argue that Justice Bawden relied on a speculative theory of liability that was not part of the Crown’s case. Specifically, they contend the convictions were based on the assumption that Bondfield would have been disqualified from the bidding process had the alleged misconduct been uncovered, despite prosecutors stating their case did not hinge on which company ultimately won the contract.

The defence also challenges the judge’s assessment of testimony, arguing it was an error of law to characterize Georgiou’s evidence as implausible. Georgiou testified that by the time the alleged misconduct occurred, Bondfield was already widely viewed as the only viable bidder for the project.

According to defence submissions, the evidence failed to establish that any victim suffered a financial loss or was placed at risk of loss, an essential element of the offence of fraud. Lawyers for both men maintain that convicting them on a basis not argued by the Crown constitutes a legal error justifying reopening the trial.

Crown prosecutors oppose the application, arguing that reopening a completed criminal trial without new evidence is an extraordinary measure reserved for rare cases involving potential miscarriages of justice. They contend the convictions rest on multiple independent grounds that are unaffected by the alleged errors raised by the defence.

The Crown is seeking prison sentences of seven years for each man, both of whom were convicted on two counts of fraud over $5,000. Prosecutors argue the conduct caused significant harm to public trust and institutional integrity.

A victim impact statement submitted on behalf of the hospital network describes lasting damage to community confidence, donor trust, and the reputation of St. Michael’s Hospital as a result of the misconduct.

The case dates back to 2015, when Bondfield was selected to redevelop the hospital as part of a project initially budgeted at $300 million. The redevelopment, which includes a new patient care tower and expanded emergency facilities, has since seen costs rise substantially and completion delayed for several years.

Justice Bawden previously concluded that secret communications between Georgiou and Aquino were intended to give Bondfield an unfair advantage during the procurement process, including the use of a dedicated mobile device and company email to discuss confidential information.

The judge has not yet indicated when he will rule on the defence application.

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Originally published on Canadian Fraud News.