COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) –and– LAM VAN
NGUYEN (Appellant)
BEFORE: MOLDAVER, FELDMAN and MacPHERSON JJ.A.
COUNSEL: William McDowell and Peter Neumann, for the appellant
Ken Campbell, for the respondent
HEARD: May 5, 2000
On appeal from the decision of Lofchik J. dated September 23, 1999.
E N D O R S E M E N T
1The complainant attended the office of the appellant because
she was suffering from head and stomach aches. On her evidence,
prior to this visit, she had never met or been treated by the
appellant.
2When the complainant entered the appellant’s examination
room, the appellant instructed her to lie down on the examination
table. According to the complainant, without a word of
explanation, the appellant lifted her blouse to her neck and
after feeling her stomach, he partially removed her brassiere and
proceeded to squeeze her exposed breasts, first with one hand and
then with both hands. He then began to move his hand under the
complainant’s pants below her bellybutton, at which point the
complainant, of her own volition, got off the table and
straightened her clothing.
3According to the complainant, the appellant said nothing to
her at this time. He did not ask if anything was wrong, nor did
he request that she return to the table so that he could complete
his examination. Rather, he directed his attention to the
complainant’s infant child who had accompanied her that day
because she was running a fever. The appellant felt the child’s
forehead and prescribed some medicine. He also provided a
prescription for the complainant. The complainant then left the
office.
4In the circumstances, we are satisfied that it was open to
the justice conducting the preliminary hearing to conclude that
there was some evidence upon which a reasonable jury, properly
instructed, could conclude that the appellant squeezed the
complainant’s breasts and placed his hand underneath her pants
for a sexual, as opposed to a medical purpose.
5Accordingly, the appeal is dismissed.
“M.J. Moldaver J.A.”
“K. Feldman J.A.”
“J.C. MacPherson J.A.”