What are the essential elements of fraud?

The essential elements of fraud are defined in R v. Theroux, 1993 CanLII 134 (SCC), [1993] 2 S.C.R. 5 which held as follows: the actus reus is a ‘dishonest act’ that is established by proof of deceit, falsehood or other fraudulent means. The dishonesty of the act in respect of “other fraudulent means” is evaluated objectively according to the standard of a reasonable and honest person; a ‘deprivation’ that is established by proof of prejudice (or risk of prejudice) to the pecuniary interests of the victim. Finally there must be a causal link that the ‘deprivation’ (or risk of deprivation) is caused by the deceit or falsehood. The mens rea requirement is met where the person had subjective knowledge of the prohibited act; and furthermore the person had subjective knowledge that the act could have ‘deprivation’ (or risk of deprivation) as a consequence. The consequence is for another person to lose their pecuniary interest in certain property - or having that interest placed at risk. An accused’s honest belief that he was entitled to the property in question is a mistake of law and does not negate the mens rea element.