M. Bhardwaj

The parties separated after a short marriage.

The wife sought damages for assault and battery, and for invasion of privacy after discovering the husband had surreptitiously installed a hidden camera in their bedroom and bathroom.

The court awarded the wife $5,000 for assault and battery and $15,000 for intrusion upon seclusion.

The court also ordered the wife to pay an equalization payment of $14,916.57 to the husband, finding no grounds for an unequal division.

The husband was ordered to pay $5,600 in retroactive spousal support and ongoing support of $700 per month for two additional months before termination.

The appellant appealed summary conviction findings after pleading guilty to assault against his spouse, breach of recognizance, and theft under $5000.

He sought to withdraw the guilty pleas and obtain a new trial, alleging the pleas were not voluntary and asserting ineffective assistance of counsel.

The court reviewed the legal requirements for valid guilty pleas under s. 606 of the Criminal Code and the framework governing claims of ineffective representation.

It found the appellant’s evidence unreliable and determined the pleas were voluntary, informed, and unequivocal.

The court also concluded that counsel’s performance was competent and that no prejudice or miscarriage of justice occurred.