A. Welman

This judgment at trial addresses criminal charges against the defendant, Maxim Dorofeev, for incidents on November 7, 2022 (assault, choking, unlawful confinement) and August 25, 2022 (assault).

The court found the defendant guilty of assault and choking under s.267(c) of the Criminal Code for the November 7 incident, ordering a conditional stay for the simple assault count from the same date.

The defendant was acquitted of unlawful confinement for November 7 and assault for August 25.

The court's decision involved a detailed assessment of witness credibility and reliability, particularly concerning the complainant's and defendant's conflicting accounts, and the corroborative value of independent witness testimony and physical evidence.

A default hearing brought by the Director of the Family Responsibility Office seeking enforcement of arrears of child and spousal support totaling $199,427 as of July 30, 2014.

The payor claimed inability to pay due to depression following his 2008 separation and argued for a motion to change the support order.

The court found the payor's evidence regarding his financial circumstances and the source of substantial lump sum payments ($49,600 and $5,000) made under court order to be entirely lacking in credibility.

The court concluded the payor had demonstrated access to significant funds and was deliberately obfuscating his financial situation.

The court ordered the payor to pay $50,000 within 21 days, annual payments of $50,000 until arrears were satisfied, and ongoing monthly support of $3,644, with imprisonment as the consequence for default.