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51. This flexible approach was, however, interrupted in 1965 by a case in the Ontario Court of Appeal. In R. v. Selkirk, [1965] 2 C.C.C. 353, the accused filled out an application form in Ontario for a credit card containing false statements and mailed it to the credit card company in California which sent him a card with which he obtained goods and services on credit at various establishments in Ontario. He was charged and convicted of obtaining credit by fraud, and of defrauding the credit card company be deceit, falsehood or other fraudulent means. On appeal, the first count, which related to his obtaining goods in Canada with the credit card, was upheld even though the card had been issued in the United States because the transactions creating the debts occurred entirely in Canada. The conviction on the second count, of fraudulently obtaining the credit card, however, was quashed. The delivery of the card was made to the accused in California when it was received by the post office, the accused having made the postal authorities his agent by mailing his application. From this, the court reasoned, the offence took place in the United States.
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