Toronto Theft Lawyer — Criminal Code s.322

Charged With
Theft in Toronto?
Intent Is Everything in These Cases.

Theft charges range from under $5,000 to over $5,000, each carrying very different consequences. Legal Solutions Law Firm examines intent, ownership disputes, and every procedural issue in your case.

Available 24 / 7
Emergency Appointments
Flat Fees — No Hourly Billing
15+ Years at the Ontario Bar
🛍️
$5,000
Threshold for Higher Penalty

15+
Years at the Ontario Bar

Flexible
Payment Plans Available

$0
Consultation Fee
400+
Cases Successfully Resolved
15+
Yrs at the Ontario Bar
4.8★
Average Client Rating
$0
Initial Consultation Fee

Toronto Theft Defence

Toronto Theft Charges: Ownership Disputes Are More Common Than You Think

Theft under Criminal Code s.322 requires the fraudulent and without-colour-of-right taking of property belonging to another, with the intent to deprive them of it. Many theft allegations arise from genuine disputes over ownership, entitlement, or misunderstandings — not deliberate criminality.

The value of the property involved determines whether the charge is theft under $5,000 or theft over $5,000, with significantly different maximum penalties. Establishing the actual value, and whether the required intent existed, are frequently the central issues.

Legal Solutions Law Firm carefully investigates every theft allegation for these issues. Call or text 416-274-2222 for a free, confidential consultation.

🧠 Intent & Colour of Right

Theft requires an intentional, fraudulent taking. A genuine belief you were entitled to the property can be a complete defence.

💰 Value Threshold Review

We scrutinize how property was valued, since the $5,000 threshold significantly affects potential penalties.

📋 Full Disclosure Requested

We obtain all evidence, including receipts, video, and witness statements, to identify weaknesses in the case.

💳 Flat Fees & Payment Plans

Know your total cost upfront. No hourly billing, with flexible payment options available.

Real-World Scenarios

Common Theft Scenarios We Handle

Theft allegations arise from a wide range of circumstances. Here are common scenarios we see across Toronto.

Retail Theft Allegation

An allegation of taking merchandise from a store without paying, often based on security footage.

Employee or Workplace Theft

A dispute involving alleged theft from an employer, sometimes tied to a termination or workplace conflict.

Vehicle or Auto Parts Theft

An allegation involving a vehicle or its components, from a car itself to catalytic converters or accessories.

Family or Roommate Property Dispute

A disagreement over shared belongings, often arising during a separation, move-out, or family conflict.

Theft of Financial Instruments

An allegation involving a cheque, gift card, or other financial instrument.

What We Handle

Theft Charges We Defend

We handle theft allegations of every kind and value across the Greater Toronto Area.

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Retail Theft Allegations
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Employee / Workplace Theft
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Vehicle & Auto Parts Theft
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Theft Over $5,000
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Theft of Financial Instruments
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Family / Roommate Property Disputes
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Package / Delivery Theft
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Repeat / Prior Record Cases

Our Approach

How We Defend Your Case

01
Free Consultation

Call us any time — 24/7. We review the allegation and any ownership or entitlement issues at no cost.

02
Bail Hearing (If Needed)

If you are held in custody, we act immediately to secure your release on suitable conditions.

03
Value & Intent Review

We assess how the property was valued and whether the required intent to permanently deprive can be established.

04
Full Disclosure Request

We obtain video, receipts, and witness statements to identify weaknesses in the Crown's case.

05
Crown Negotiation

We negotiate directly with the Crown, working toward a withdrawal, diversion, or reduced resolution.

06
Trial (If Required)

If necessary, we take the matter to trial and test the Crown's evidence on ownership, value, and intent.

Plain Language Legal Guide

Theft ChargesWhat You Need to Know

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Say Nothing to Loss Prevention or Police

Store security and loss prevention officers are not police, but anything you say to them can be passed along and used against you.

Politely decline to discuss the incident with anyone and contact a lawyer immediately.

⚠️ DO NOT MAKE A STATEMENT. Do not sign anything or answer questions from security or police without a lawyer present: 416-274-2222.
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Colour of Right Can Be a Complete Defence

If you genuinely believed you were entitled to the property — even if that belief turns out to be mistaken — this can be a complete defence to a theft charge.

This is common in disputes involving shared property, unpaid debts, and family belongings.

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Why the Value Threshold Matters

Theft over $5,000 carries a significantly higher maximum penalty than theft under $5,000. We scrutinize how the property was valued and whether that valuation can be challenged.

Retail price does not always reflect true market value, particularly for used or damaged goods.

💡 Note: A properly challenged valuation can move a case below the $5,000 threshold, reducing your exposure significantly.
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Video Evidence Isn't Always Conclusive

Security footage often fails to capture the full context of an incident, including conversations or circumstances that explain what appears to be theft.

We review all available footage carefully rather than accepting the store's or complainant's interpretation.

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Negotiated Resolutions

Many theft charges, particularly first-time and lower-value matters, resolve through diversion programs or negotiated discharges.

We advocate for record-protecting resolutions wherever the circumstances support it.

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Consequences of a Conviction

A theft conviction can significantly affect employment — particularly in retail, finance, and any position of trust — as well as international travel.

Given these stakes, a thorough defence is worthwhile even in seemingly minor cases.

* The above information is not intended to provide legal advice but rather a plain-language summary of the criminal justice process and our experience. All cases are unique and results in one matter do not guarantee similar results in another. Contact Legal Solutions Law Firm at 416-274-2222 for a free, no-obligation consultation.

Know the Process

Where Your Case Is Heard — Toronto Courts

Theft charges are hybrid offences — theft under $5,000 is usually heard at Toronto's Ontario Court of Justice, while theft over $5,000 can proceed to the Superior Court of Justice.

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Ontario Court of Justice — 10 Armoury Street

Toronto's criminal matters — including first appearances, bail hearings, and trials for summary and many indictable offences — are heard at 10 Armoury Street. This purpose-built courthouse opened in 2023, consolidating the criminal courts formerly split across Old City Hall and College Park into one 17-storey building, the largest courthouse in Ontario.

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Superior Court of Justice — 361 University Avenue

More serious indictable matters and jury trials are heard at the Superior Court of Justice at 361 University Avenue, which houses both the Criminal and Family branches. This is a separate courthouse from 330 and 393 University Avenue, which handle Superior Court civil matters.

Know What's at Stake

Potential Penalties

Theft is a hybrid offence, with the classification depending heavily on the value of the property involved, with a key threshold at $5,000. The information below is general — your actual exposure depends on the specific facts of your case.

Theft Under $5,000

Can be prosecuted summarily (maximum of up to 2 years less a day) or by indictment.

Theft Over $5,000

An indictable offence carrying a maximum penalty of up to 10 years imprisonment.

Colour of Right

A genuine, even mistaken, belief that you were entitled to the property can be a complete defence to a theft charge.

Diversion & Discharge

First-time and lower-value matters are frequently eligible for diversion programs or negotiated discharges that avoid a permanent record.

Understanding Your Options

Possible Case Outcomes — Best to Worst

Every criminal case can result in a range of outcomes. Our goal is always to achieve the best possible result — and in the vast majority of cases, that means no jail and no permanent criminal record.

1
Best
Withdrawal
The charge is dropped entirely. You walk away completely clean — no record, no conditions, no admission of liability.
2
Excellent
Peace Bond
You do not admit any liability and your charge is dropped. You agree to keep the peace for a specific period of time. No criminal record.
3
Very Good
Absolute or Conditional Discharge
You plead guilty but are placed on probation. As long as you stay out of trouble for the required period, the conviction drops off your record automatically. No permanent criminal record.
4
Acceptable
Suspended Sentence
You plead guilty and receive a permanent criminal record. However, there is no real penalty as long as you stay out of trouble going forward.
5
Serious
Conditional Sentence
You plead guilty, receive a permanent criminal record, and serve a jail sentence in the community — which may include house arrest, curfew, or other strict conditions.
6
Most Serious
Jail
You plead guilty and receive a permanent criminal record. Some people may serve time on weekends; others require full-time custody. This is reserved for the most serious offences.

Charged With Theft? Ownership and Value Both Matter.

Whether you had a genuine claim to the property, and how it was valued, can decide your case. Legal Solutions Law Firm is available 24/7 — your consultation is always free.

Why Legal Solutions

Why Choose Our Toronto Theft Defence Lawyers

Theft cases require careful attention to intent, ownership, and valuation. Ryan Manilla has defended theft charges at the Ontario Bar for over 15 years, across retail, workplace, and personal property disputes.

We look at every angle of a theft allegation to find the strongest possible defence.

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Intent & Entitlement Focus
We investigate whether a genuine belief of entitlement can support a colour of right defence.
💰
Valuation Challenges
We scrutinize inflated or inaccurate property valuations that push a case over the $5,000 threshold.
💰
Flat Fees — No Surprises
Your total cost is agreed upfront, with flexible payment plans available.
🎯
95% Resolved Without Trial
Skilled negotiation resolves most of our theft charge files, often through diversion for first-time offenders.
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Complete Confidentiality
Solicitor-client privilege protects everything you share, allowing an honest and thorough defence.

Client Testimonials

What Our Clients Say

★★★★★

I had a very positive experience with Legal Solutions Law Firm. Ryan represented me in a family court matter and provided excellent guidance and support throughout the entire process. He was professional, knowledgeable, and always took the time to answer my questions and explain everything clearly. Family court matters can be stressful, but Ryan helped make the process much easier and gave me confidence every step of the way. I truly appreciated his dedication, responsiveness, and commitment to achieving the best possible outcome. I highly recommend Legal Solutions Law Firm and Ryan to anyone looking for a compassionate and experienced family lawyer.

P
Peter Stevens
Family Law
★★★★★

We tried to defend ourselves in civil court, but ultimately decided to hire Ryan — and it was the wisest decision we have made in the last two years of hell with our condo managers. Ryan and his team have been exceptional: swift, sharp, on the ball, and always asking the right questions while making the right arguments to move our case forward to the Superior Court.

C
Claude
Civil Litigation
★★★★★

Ryan did an outstanding job on my case. He was clear, professional, and always kept me informed. Thanks to his hard work, my charges were dropped. I’m very grateful and highly recommend him.

I
Ishtiaq Azam
Criminal Defence
★★★★★

I wish I could add five more stars to show how happy we are with the legal services of Ryan J. Manilla and his team. They took charge of our legal matters, worked tirelessly on short notice, and delivered outstanding legal documents on time. Their teamwork, professionalism, patience, and understanding of our situation gave us tremendous peace of mind. Most importantly, we sleep better at night knowing that we are in good hands, with a legal team that has the expertise and compassion to handle sensitive matters with care.

S
Sophie Brunet Tessier
Verified Google Review
★★★★★

I had a great experience working with Ryan at Legal Solutions. He is professional, responsive, and very knowledgeable. Any time I had questions, he got back to me quickly and provided practical advice. I wouldn’t hesitate to use him again.

A
Adam Iannacchino
Verified Google Review
★★★★★

I was going through anxiety not knowing what to expect with my case. Ryan explained everything simply and stood up for me at my hearing. I’m really thankful for his help!

A
Alexander
Verified Google Review
★★★★★

I had such a stressful time trying to find legal help. I felt lost and hopeless when I got a notice to appear at the LTB. When I found Ryan, he stepped up and defended me. He’s knowledgeable about both the LTB and criminal law, and most importantly he’s tough! Exactly what I was looking for. I’m so glad I found him.

C
Cathy Gapasin
Landlord & Tenant
★★★★★

Ryan is a tough lawyer who defended us during a very difficult time. He helped me with a Landlord and Tenant Board issue. People told me to get a paralegal, but the ones I contacted either wouldn’t help or couldn’t communicate well in English. When I found Ryan, he explained the situation clearly and told me what to do. He showed up to the hearing tough and ready to go. I’m so glad I found him!

D
Distinctive Deals
Landlord & Tenant
★★★★★

One of the best. Well poised, smart articulate. Know his stuff and one of the best lawyer out there to work with.

R
RJ Auto Repair Shop
Verified Google Review

Common Questions

Frequently Asked Questions

What is the difference between theft under $5,000 and theft over $5,000?+
Can I be charged with theft if I believed I was entitled to the property?+
What should I do if store security stops me?+
Does a first-time theft charge always result in a criminal record?+
How is the value of stolen property determined?+
Can theft charges arise from a family dispute over property?+
Will a theft conviction affect my employment?+
How does Legal Solutions charge for theft defence?+
Will a theft charge give me a criminal record?+
Can a theft charge be withdrawn?+
24 / 7Available Day or Night
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EmergencyAppointments Available
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Flat FeesNo Hidden Costs
📅
Payment PlansFlexible Options Available

Defending Clients Across Toronto and the GTA

📍 Toronto
📍 Scarborough
📍 North York
📍 Etobicoke
📍 Brampton
📍 Mississauga
📍 Markham
📍 Vaughan
📍 Richmond Hill
📍 Thornhill
📍 Pickering
📍 Ajax
📍 Oshawa
📍 Oakville

Our Reach

Serving Every Toronto Neighbourhood

From theft charges arising downtown to cases across the inner suburbs, Legal Solutions Law Firm defends clients throughout Toronto.

North YorkScarboroughEtobicokeDowntown TorontoEast YorkYorkThe BeachesLeasideLiberty VillageHigh ParkMidtownYorkvilleLeslievilleRoncesvallesForest HillSwansea

From My Experience: Theft Charges Are Rarely as Simple as They Look

Theft cases have a way of looking open-and-shut on paper and turning out to be much more complicated once you understand the full story. Ownership disputes, honest mistakes, and genuine misunderstandings account for a surprising number of the theft files that cross my desk.

Why "Colour of Right" Comes Up More Than People Expect

A defence most people have never heard of — colour of right — comes into play whenever someone genuinely believed they were entitled to the property in question. I've used it successfully in family property disputes, unpaid debt situations, and workplace disagreements where the "theft" was really a disagreement about who owned what.

I also always take a hard look at how the property was valued, especially in cases hovering near the $5,000 threshold. Retail price tags rarely reflect actual value, and that distinction has changed outcomes in cases I've handled. If you've been charged with theft, don't assume the story is as simple as the initial report suggests. Call me: 416-274-2222.

Free Resources

Tools & Guides

Wondering whether this will leave you with a criminal record, or whether restitution could be ordered? These free tools and guides can help:

Available 24 / 7

Speak With a Theft Charge Defence Lawyer Today

Facing a theft charge? Contact Legal Solutions Law Firm for a free, confidential consultation. Available 24 hours a day, 7 days a week.

✓ Free Consultation — No Obligation✓ Available 24/7 Including Emergencies✓ Flat Fees & Payment Plans