The appellant entered his estranged wife's apartment uninvited and discovered her in bed with her new boyfriend.
The appellant attacked them both, repeatedly stabbing and killing the boyfriend.
At trial, the judge accepted the defence of provocation and convicted the appellant of manslaughter.
The Court of Appeal set aside the manslaughter conviction and substituted a conviction for second degree murder, finding no air of reality to the provocation defence.
The Supreme Court of Canada dismissed the appeal, holding that the discovery of an estranged spouse's involvement with another person does not constitute an 'insult' within the meaning of section 232 of the Criminal Code, nor did the appellant's actions meet the requirement of suddenness.
