Esti Azizi

The defendant, Martha Leibowitz, was sentenced for breaching an undertaking not to contact her building's property manager.

This breach was aggravated by being committed while on release for a similar prior breach, occurring less than two weeks after release, and involving biased statements about the property manager's ethnic origin (s. 718.2(a)(i) Criminal Code).

Despite these aggravating factors and the significant impact on the complainant, the court granted a conditional discharge, balancing them against the defendant's lack of criminal record, age (71), and lifetime of good conduct.

She was placed on 12 months probation with conditions.

Martha Leibowitz was charged with breaching an undertaking condition that prohibited her from having contact with her condominium's property manager except through email.

The incident occurred on November 3, 2023, when she entered the property manager's office.

The Crown presented video evidence and the property manager's testimony.

Despite the defendant's submission that there was no sound recording and that she had to attend in person due to unanswered emails, the court found the Crown proved the breach beyond a reasonable doubt, leading to a finding of guilt.

The court rescinded a previously granted screen order for a complainant testifying virtually, finding it unnecessary given the virtual hearing format.

The ruling emphasized that the virtual setting inherently reduces direct confrontation concerns, and witnesses have personal options (like adjusting Zoom view or physically blocking the screen) if they prefer not to see the accused.

The Crown applied under s 486.2(2) of the Criminal Code for an order permitting the complainant to testify from behind a one-way screen in a domestic violence case.

The complainant expressed fear of testifying while seeing the accused.

The defence opposed, arguing for face-to-face confrontation and questioning the genuineness of the fear, noting prior family court appearances.

The court granted the application, finding that the screen would facilitate a full and candid account by the witness without impairing the accused's right to cross-examination, especially given the nature of the domestic violence allegations.