The accused was charged with arson contrary to s. 433(a) of the Criminal Code after a fire was discovered in a wall cavity of a dwelling occupied by her romantic partner.
The Crown alleged the accused intentionally ignited combustible material in the wall as a diversion after she was unable to provide funds for a joint real estate transaction, thereby risking the occupant’s life.
Expert evidence from the Office of the Fire Marshal concluded the fire originated in a pre‑existing hole in the basement stairwell wall and was caused by the intentional application of an open flame to combustible material.
The court rejected defence theories that the fire was staged or set by the complainant and found the accused’s testimony not credible, applying the credibility framework in R. v. W. (D.).
The court concluded beyond a reasonable doubt that the accused intentionally caused damage by fire to an occupied dwelling.
