A Calgary dentist who admitted to defrauding multiple insurance companies of nearly $700,000 for dental work that was never performed should be sent to a federal penitentiary, a Crown prosecutor argued in court.
Crown Seeks Prison Time for Major Fraud
Crown prosecutor Greg Whiteside told Justice Gord Wong on Friday that Dr. Alena Smadych, 55, bilked five insurance providers out of a total of $684,348.10 through fraudulent claims submitted between 2013 and 2023. The prosecutor argued that frauds of this magnitude could attract sentences up to five years, but suggested a term near the top end of a two- to three-year range would be appropriate, considering factors in her favour.
Whiteside noted that Smadych had a prior fraud conviction from 2007, for which she had received a pardon. The recent frauds came to light after investigators from Sun Life began documenting unusual billing practices in September 2021. One example cited was a single day of claims—December 20, 2020—where her clinic, All About Family Dental on Elbow Drive S.W., billed for 17 different patients, totaling $19,144.
Defence Argues for Non-Custodial Sentence
Defence counsel Alain Hepner argued for a conditional sentence order to be served in the community, citing what he called exceptional circumstances. He told the court that Smadych voluntarily paid more than $500,000 in restitution to three of the victims before charges were even laid.
Smadych initially pleaded guilty to defrauding two insurers, Sun Life and Alberta Blue Cross, of more than $126,000. After three further victims were identified, she admitted to defrauding them of an additional $558,074.96. Hepner stated his client was deeply remorseful and had apologized in court.
Judge's Remarks and Pending Decision
Justice Wong acknowledged Smadych's remorse but indicated it might be a limited factor at this late stage. "I get that she's sorry," he said. "It's less impactful at this stage in the game."
The court heard that at one point, Smadych's dental office had made more claims for root canals than any other general practice clinic in Canada. Justice Wong will hand down his sentencing decision in January.
