The appellant appealed his summary conviction for assault against his ex-girlfriend.
At trial, the defence called a witness who testified that the complainant admitted to fabricating the assault to gain an advantage in a custody dispute.
Defence counsel inadvertently failed to put this statement to the complainant during cross-examination.
The Crown did not object until closing submissions, at which point defence counsel immediately requested to recall the complainant.
The trial judge refused the request and convicted the appellant.
On appeal, the Superior Court of Justice found that the trial judge erred in refusing to recall the witness, and that the Crown's untimely objection contributed to trial unfairness.
The conviction was quashed and a new trial ordered.