The accused was charged with four counts of domestic assault against his former spouse spanning thirteen years (2004-2017), and two counts of failing to comply with a recognizance by breaching a non-communication clause in 2018.
The Crown's case rested entirely on the complainant's testimony regarding four separate incidents of physical violence.
The accused denied all assault allegations and testified that he received legal advice permitting the email communication.
The trial judge found credibility concerns with the complainant's evidence, including her combative demeanor during cross-examination, vague details regarding older incidents, alcohol consumption affecting reliability, and a potential motive to fabricate given pending family court proceedings.
The court acquitted on all four assault counts due to reasonable doubt.
However, the court convicted on the remaining breach of recognizance charge, finding that while the email content was innocuous, it violated an absolute prohibition in the context of domestic violence allegations, and the de minimus doctrine did not apply.
