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Three court of appeal judges have reserved their decision on whether to order a new trial for a woman who alleges she was maliciously prosecuted and fired after being accused of stealing a toonie from the till of a Tim Hortons.

Charlene Walsh sued Toronto police and her former employer for more than $24 million, but a jury dismissed that suit in 2005.

Her lawyer, Ernest Guiste, argued yesterday that the jury was not adequately instructed by the trial judge about what constitutes theft. The mere fact that Walsh took money from the till and put it in her tip cup was not theft if there is no intent to defraud, Guiste said. Oh yeh...really !

Walsh alleges that the police officers who charged her were biased because the Albion Rd. franchise gave free coffee to officers.

"We allege that the employer did this for a quid pro quo ... that they would get preferential treatment," Guiste said outside court.

Managers called police in 1999 after catching the alleged theft on video. Officers took Walsh, who was pregnant, into a back room and interrogated her, Guiste said. They charged her with theft, but the Crown later dropped the charge.

Former franchise owner Brigitte Regenscheit denied that police gave her special treatment because of the free coffee policy, widely adopted in Tim Hortons outlets. Police have also denied the allegation. She said the firing was about more money than just a toonie.

Court documents show Regenscheit and her managers have spent $170,000 defending themselves against the lawsuit. Police defence costs were at least $113,000.

Walsh was not in court. She has stress-related illness, Guiste said

Further.............why does an employee simply serving coffee and doughnuts need a "Tip" cup. This "expecting" a tip for general service is getting out of hand...If anyone should have a "Tip" cup, it should be FAs. smile.gif

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Yeah the "who gets a tip" debate - don't even get me started.

Stealing from the till is wrong but accepting free coffee when you're an on-duty uniformed cop is wrong too. Even though its only a few cents there's a name for it - graft!

CC

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Graft: –noun 1. the acquisition of money, gain, or advantage by dishonest, unfair, or illegal means, esp. through the abuse of one's position or influence in politics, business, etc.

2. a particular instance, method, or means of thus acquiring gain or advantage.

3. the gain or advantage acquired.

4. British Slang. work; labor.

–verb (used with object) 5. to obtain by graft.

–verb (used without object) 6. to practice graft.

from "dictionary.com"

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Guest woxof

This is a much more serious crime, after all 1 toonie equals 12.5 timbits. but in the end, if you steal, you may get fired.

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