Martha Leibowitz

The defendant, Martha Leibowitz, was sentenced for breaching an undertaking not to contact her building's property manager.

This breach was aggravated by being committed while on release for a similar prior breach, occurring less than two weeks after release, and involving biased statements about the property manager's ethnic origin (s. 718.2(a)(i) Criminal Code).

Despite these aggravating factors and the significant impact on the complainant, the court granted a conditional discharge, balancing them against the defendant's lack of criminal record, age (71), and lifetime of good conduct.

She was placed on 12 months probation with conditions.

Martha Leibowitz was charged with breaching an undertaking condition that prohibited her from having contact with her condominium's property manager except through email.

The incident occurred on November 3, 2023, when she entered the property manager's office.

The Crown presented video evidence and the property manager's testimony.

Despite the defendant's submission that there was no sound recording and that she had to attend in person due to unanswered emails, the court found the Crown proved the breach beyond a reasonable doubt, leading to a finding of guilt.