David Matthew Schell

The applicant condominium corporation sought a permanent order prohibiting a resident, Paolo Scotti, from residing in his unit due to disruptive and aggressive behaviour stemming from his mental illness.

The court found that Mr. Scotti had breached condominium rules but declined to issue a permanent vacating order, noting his mental illness as the cause of misconduct and his recent efforts to comply with treatment.

The court ordered Mr. Scotti to comply with the Condominium Act and condominium instruments but granted no further relief to the applicant, emphasizing the duty to accommodate and the lack of evidence of material breach of the prior interlocutory order.

The accused, a paraplegic, was charged with sexual assault against his Personal Support Worker (PSW).

The complainant alleged the accused groped and kissed her during a routine morning visit, which the accused denied.

Applying the W.D. credibility analysis, the court found the accused not credible due to evasive testimony regarding his physical capabilities.

The complainant was found credible and reliable despite minor inconsistencies, with the court noting her demeanor, lack of exaggeration, and absence of a financial motive to fabricate.

The court emphasized the cautious use of demeanor and post-offence conduct as credibility factors.

The accused was convicted of sexual assault.