The appellant appealed summary conviction findings of guilt for uttering threats to cause bodily harm and to damage property arising from telephone statements made during a dispute with real estate agents regarding the listing of a family member’s property.
The appellant argued the verdict was unreasonable and that the trial judge erred by refusing to admit letters from the Real Estate Council of Ontario that allegedly supported his claim the complainants fabricated the allegations after he threatened to report them.
The appeal court held that the verdict was supported by the evidence and that credibility findings were owed deference.
Although the trial judge may have erred by refusing to review the letters before ruling them inadmissible under the collateral fact rule, any error was harmless and caused no substantial wrong or miscarriage of justice.
The convictions and sentence were therefore upheld.
