Summary conviction appeal from four assault convictions arising out of allegations by a spouse in the context of a deteriorating marriage and related family-law conflict.
The court held that the trial judge's reasons were inadequate because they did not meaningfully grapple with the live and central issue of motive to fabricate, despite a substantial evidentiary record bearing on animus, separation, removal from the matrimonial home, and pending family proceedings.
The court also held that the trial judge erred by preventing the self-represented accused from calling two defence witnesses after incorrectly treating the anticipated evidence as inadmissible hearsay, rather than hearing the evidence and ruling on admissibility as it emerged.
The appeal was allowed, the convictions were quashed, and a new trial was ordered on all four counts.
