The accused was charged with assault contrary to section 266 of the Criminal Code for an incident occurring on August 3, 2010, at a Fernbrook Homes office in Burlington, Ontario.
The accused and his wife, frustrated with unresolved defects in their home purchased from Fernbrook, attended the office to speak with the building manager.
During the encounter, the accused became extremely angry, verbally abused staff members with profanities, and made physical contact with the office administrator, Amanda Newberry.
The accused admitted to pushing or "shushing" Ms. Newberry away with a sweeping arm motion but claimed it was a reflex action or that the contact was trifling.
The trial judge found the accused guilty of assault, rejecting the defences of involuntary action, self-defence, and the de minimus doctrine.
