All About Estates
By Jonathon Vander Zee
July 15th, 2026
2023 Conviction Upheld, After Court Decision Dismisses Appeals, in Ontario Fraudulent Will Case
The Court of Appeal recently released a decision dismissing appeals against conviction of a former Toronto police officer and a former employee of the Public Guardian and Trustee (“PGT”) who fabricated the last will and testament of Heinz Siegfried Sommerfeld to benefit the police officer.
In 2023, a police officer, Robert Konashewych, and a PGT employee, Adellene Balgobin, were convicted of defrauding the estate of Mr. Sommerfeld, who was an elderly man suffering from dementia. Both Mr. Konashewych and Ms. Balgobin received a global seven-year prison sentence. Ms. Balgobin was also convicted of breach of trust by a public officer in connection with the duties of her office at the PGT and received a concurrent five-year sentence.
Mr. Konashewych and Ms. Balgobin appealed the decision.
While this blog post will not go into the details of the criminal law aspects of this case, it will recap the estate-related aspects that led to the imprisonment of both appellants. The decision, which can be found here, goes into further detail about the applicable criminal law principles and the grounds for appeal.
Mr. Konashewych’s and Ms. Balgobin’s convictions remain upheld and it is yet to be seen whether the length of their sentences will be reduced or remain the same.
Emily Hubling blogged on this case back in 2023 when it first hit the news.
