The defendant landlord was charged with failing to clean refuse from her property under the Toronto Municipal Code and failing to comply with a Property Standards Order under the Building Code Act.
The prosecution presented electronic evidence of waste accumulation, which the defendant ultimately consented to admitting.
The defendant testified that her tenants prevented her from cleaning the property and repairing appliances, but the court rejected her uncorroborated evidence under the W.(D.) framework.
The prosecution invited the court to dismiss the Building Code Act charge.
The court found the defendant guilty of the Municipal Code charge, concluding she failed to establish a due diligence defence.