ONTARIO COURT OF JUSTICE
BETWEEN:
HIS MAJESTY THE KING
— AND —
CHRISTOPHER DALEY
Before Justice T. Lipson
Reasons for Judgment released on October 10, 2025
Mr. B. Estwick ....................................................................................... counsel for the Crown
Mr. M. Ertel ......................................................... counsel for the accused Christopher Daley
Lipson J.:
REASONS FOR JUDGMENT
1Christopher Daley entered pleas of not guilty to charges of criminal harassment and mischief.
Overview of the evidence
2The complainant, Sandra Lofaro, testified that following the breakdown of her relationship with the defendant in August 2022, Mr. Daley engaged in a sustained pattern of harassing conduct that caused her to fear for her safety. Ms. Lofaro said that she was subject to repeated and unwanted communications, including some with sexually explicit and degrading text messages. The relevant texts are found in exhibit 3. Ms. Lofaro also testified that Mr. Daley entered her home without permission, drove past her home late at night and installed a GPS tracker in her vehicle and conducted surveillance on her movements. There was evidence in the trial that Mr. Daley confronted her new partner, Ken Evraire, at his workplace, accusing him of ruining the life of his two daughters. Mr. Daley also punctured three of Mr. Evraire’s tires which Mr. Daley later admitted to and paid for the damage.
3Ms. Lofaro testified to experiencing fear, anxiety and sleep loss. She implemented safety plans at work and home. She said that her romantic relationship with Mr. Evraire ended due to the stress caused by Mr. Daley’s actions. Ms. Lofaro expressed ongoing fear of the defendant knowing her whereabout and described the impact on her daily life and well-being.
4The Crown argues that Mr. Daley’s conduct amounts to criminal harassment and that he knew or was reckless as to whether Ms. Lofaro was harassed.
5The defence does not dispute that the texts to Ms. Lofaro were sent by Mr. Daley. The defence did not dispute the impact these texts had on Ms. Lofaro’s emotional well-being. However, the defence submits that the Crown did not prove beyond a reasonable doubt that Mr. Daley put a GPS tracking device in the complainant’s car or that Mr. Daley was otherwise conducting surveillance on Ms. Lofaro’s whereabouts. The defence contends that while there is credible evidence that Ms. Lofaro felt harassed by the actions of Mr. Daley, there is insufficient evidence that Mr. Daley knew that she was harassed or that he was reckless or wilfully blind as to whether Ms. Lofaro was harassed.
Analysis
The charge of criminal harassment
6I turn first to the issue of whether the Crown proved the actus reus of criminal harassment. As I indicated earlier, the defence concedes that Ms. Lofaro did not want some of his communications, that she was fearful and that she had concerns for her safety.
7Under s. 264 of the Criminal Code, the actus reus (or guilty act) of criminal harassment requires proof beyond a reasonable doubt of the following elements:
The accused engaged in one of more of the prohibited forms of conduct listed in s. 264(2) including repeatedly following the complainant or someone known to them; repeatedly communicating with the complainant, directly or indirectly; watching or besetting the complainant’s residence, workplace or other location; or engaging in threatening conduct directed to the complainant or their family.
The complainant was harassed- meaning they were tormented, troubled, worried continually or chronically, plagued, or badgered.
The complainant feared for their safety or the safety of someone known to them.
The complainant’s fear was objectively reasonable in all the circumstances.
8For the following reasons, I am satisfied beyond a reasonable doubt that the Crown has established the above requisite elements of the offence.
9Ms. Lofaro and the defendant were in an intimate relationship from September 2015 to August 2022. They have a daughter together named Marissa who was born in January 2019. In October 2022, Ms. Lofaro began a relationship with Ken Evraire. It is evident from the text message evidence that Mr. Daley was angry and upset with Ms. Lofaro over their breakup as well and her new relationship. Ms. Lofaro described the defendant as “volatile and unpredictable”. Mr. Daley’s bitterness over the break-up and his upset over Ms. Lofaro’s new relationship is evident in the texts he sent her set out in exhibit 3.
10Over the time frame alleged in the information, Mr. Daley sent Ms. Lofaro numerous text messages, including ones with vulgar and sexually explicit content. The complainant explicitly asked him to “stop texting me” and to limit communications to issues regarding their parenting Marissa. Despite Ms. Lofaro’s pleas for him to limit his texts to parenting issues with Marissa, the evidence is clear from the defendant’s texts to the complainant found in exhibit 3 that Mr. Daley nevertheless continued to send her unwanted texts concerning her dating life and casting aspersions on her character in texts which had nothing to do with parenting issues but, instead, reflected his anger and hostility over their breakup.
11In addition to the unwanted and inappropriate text messages sent to Ms. Lofaro, Mr. Daley engaged in other forms of prohibited harassing conduct proscribed by s. 264(2) which made the complainant fearful for her safety.
12On December 13, 2022, while Ms. Lofaro was at work, Mr. Daley entered her home without permission. Security footage showed him placing an item near a chair in the corner of her home. He still had access via keys and alarm code which had not been changed. Later that night, his truck was seen driving past her home on two occasions. These incidents caused Ms. Lofaro significant fear.
13On December 31, 2022, Sandra Lofaro met her sister and friend Connie for breakfast at the restaurant 'Changes Are'. After breakfast, Sandra left her van parked near the restaurant and traveled to Kanata in Connie’s vehicle to visit the Structube furniture store. While Sandra was at Structube, she received unsolicited and emotionally charged messages from Daley. These included: “I feel bad for people responding for you.” “Why are you ignoring me?” “You’re not where you said you’d be.” These messages were sent while Sandra was in Kanata, despite her not using her own vehicle and not informing Daley of her plans. The timing and tone of the messages suggested Daley had real-time awareness of her location. His emotionally charged comments implied he knew she was not at home or using her usual vehicle.
14Ms. Lofaro testified that she was disturbed by Daley’s awareness of her movements, especially since she had taken precautions by leaving her van behind. She suspected she was being tracked and later confirmed this when a GPS tracker registered to Daley was discovered under the passenger seat of her van on February 10, 2023.
15On January 2, 2023, Ms. Lofaro saw the defendant parked and then drive away from a location near her parents’ home when she was there for a brunch.
16On January 23, 2023, Ms. Lofaro went out for coffee with Mr. Evraire at a Second Cup. Mr. Daley sent Ms. Lofaro a message stating that his friend Alex had seen her and Mr. Evraire at the coffee shop and had taken a photo of them together. He cancelled a planned dinner he had with Ms. Lofaro and their daughter. He sent a series of vulgar and accusatory text messages, including derogatory remarks about Mr. Evraire and claimed that Ms. Lofaro had “ruined the day”.
17On January 31, 2023, his truck was parked near a vaccine clinic where Ms. Lofaro took her daughter, despite not informing him of the appointment. She believed that her movements were being tracked. He also intimated in other emails that she was lying about her whereabouts because her car was parked in another location than she happened to be.
18On February 10, 2023, a mechanic found a GPS tracker hidden under her front seat. The tracker was registered to a person named “Chris”. The telephone number associated with the contract was the same number used By Mr. Daley to text Ms. Lofaro. There is compelling circumstantial evidence that the defendant is the Chris and that he is responsible for the GPS device found in Ms. Lofaro’s vehicle. The discovery of the GPS tracker made her feel “enraged and afraid and in shock”.
19Ms. Lofaro described the above-described conduct caused her to feel anxious, unsafe and fearful. She implemented safety plans, lost sleep and ended her romantic relationship with Mr. Evraire due to the defendant’s actions. His conduct caused her ongoing distress.
20In her testimony, Ms. Lofaro provided a detailed and consistent account of events spanning several months which I have described above. I found Ms. Lofaro to be an entirely credible witness. Her testimony was corroborated by multiple forms of evidence including security footage showing Mr. Daley entering her home, text messages in exhibit 3 demonstrating repeated unwanted and sometimes vulgar communications and the discovery of the GPS tracker supporting her claims of surveillance and harassment. I found the fear she experienced as a result of the defendant’s conduct to be objectively reasonable and her testimony to be credible and compelling.
21I am satisfied beyond a reasonable doubt that Mr. Daley engaged in the prohibited conduct set out in s. 264(2), that Ms. Lofaro was harassed, that she genuinely feared for her safety because of his conduct, and that her fear was objectively reasonable in all the circumstances.
The mens rea analysis
22Counsel for the Crown and defence agree that the central issue to be determined is whether the Crown has proven beyond a reasonable doubt that the defendant had the requisite mens rea for criminal harassment.
23To establish the mens rea for criminal harassment, the Crown must prove that the defendant knew the complainant was harassed or was reckless or wilfully blind as to whether the complainant was harassed. The standard is subjective, meaning it focuses on the defendant’s actual state of mind, not what a reasonable person ought to have known or foreseen. In R. v Eltom, 2010 ONSC 4001, the trial judge’s finding that the accused was “completely insensitive” to the complainant’s fear was insufficient to establish mens rea. The correct standard is knowledge or recklessness, not negligence or insensitivity.
24The defence submits that the Crown has not proven beyond a reasonable doubt that Mr. Daley knew or was reckless or wilfully blind as to whether Ms. Lofaro was harassed.
The text messaging
25Exhibit 3 contains 173 pages of text messaging between Mr. Daley and Ms. Lofaro, all of which the court has reviewed with care.
26I agree with the defence submission that it is important to understand the relationship between the two which existed at the time the texts were being sent. Mr. Daley and the complainant were separated and were co-parenting their young daughter Marissa. Mr. Daley moved out in September 2021, however the following year was spent trying to see if the relationship could keep going. In September 2022, Ms. Lofaro officially ended the relationship. Some of Mr. Daley’s belongings remained at the complainant’s home. There was no custody arrangement in place for their daughter.
27The defence says that Mr. Daley was unaware the complainant was harassed because their communications continued, and they both engaged in discussion. Sometimes the complainant initiated the conversation. The defence argues that this is not the typical scenario in a criminal harassment charge where there is usually one-sided communication from the accused toward the complainant. It is submitted that there are several examples of messages between Ms. Lofaro and Mr. Daley where they amicably discuss various topics such as Mr. Daley’s knee injury, soccer, a family trip to Portugal and sharing photos of Marissa.
28I agree with defence counsel that some of the text messaging between the two were pleasant and/or for the purpose of arranging time for Marissa to spend with Mr. Daley. Yet, unfortunately, it is also the case that Mr. Daley deliberately sent unwelcome and harassing messages to Ms. Lofaro. The texts demonstrate that Ms. Lofaro repeatedly attempted to set boundaries and focus their communications on parenting. Nevertheless, Mr. Daley would on several occasions, divert the conversation from the subject of parenting their daughter, to maligning Ms. Lofaro or her new partner at the time, Mr. Evraire. Importantly, Ms. Lofaro did inform the defendant that these harassing communications were unwanted and that she was fearful of him. On occasion, Mr. Daley acknowledged that the communications were unwelcome, yet he continued nonetheless. Proof of all of this are found in the actual texts highlighted in the Crown’s written submissions as follows:
December 5, 2022
Page 8: LOFARO’s 4th text
- “Ok. Then go do that and stop texting me about us, please. And for heaven’s sake, stop sending pics of women - how awful for them that you are doing this.”
December 14, 2022
Page 37: DALEY’s first text message, demonstrating he understood his actions to be mean
- “I was being mean because I was drunk and not being honest with my true feelings.”
December 14, 2022
Page 38: LOFARO’s first text on the page
- “Stop with your abusive and vulgar texts. It’s harassment. Stop driving past my house at night. Stop picking up Marissa randomly”
December 15, 2022
Page 40: DALEY’s 2nd message
- “I know I’ve said some terrible things lately. I wonder if this is anything like how I made you feel inside. I understand how you feel about walls now. I’m trying hard to severe the bonds.”
December 17, 2022
Page 61: LOFARO’s last message
- “I am done with your garbage. You will hear from my lawyer as this can never happen again.”
December 20, 2022
Page 88: LOFARO’s 3rd-5th, 6th
“You slashed Ken’s tires. And texted me his address several times the same day. Come on.”
“I am done playing your games. You could have endangered his whole family. It’s not a coincidence.”
“Stop. Stop this craziness. You can deny all you want but you did. All the text messages this week and your responses about his address.”
“You searched up his address? Texted his exs to gather info on us. And his tires get slashed. All in the same week.”
“Your actions have not been ok.”
December 20, 2022
Page 89: All of LOFARO’s text on page 89
“Your anger is out of control”
“You posting on Ken’s wall was not ok. You slashing his tires out of anger is not ok. You driving past my house at night is not ok. You coming into my house without letting me know is not ok. Your mental health is not ok and I am worried”
“I am fearful of your next move”
“You are unpredictable. I need to protect myself and my kids.”
“No. We have been done, Chris. I’m trying to move on. I want a drama-free life.”
“You have brought so much drama to me in the past few months - you are out of control. You crossed the line with me already with your texts but now crossed the line with Ken when you posted on his wall and slashed his tires.”
“Me walking away from you and the behaviour that has not been ok for so long is not me out of control. It’s finally me being in control of my thoughts and doing what is best for me and my kids”.
“Even when you sent me the text about our intimate pics/videos and selling them, I said nothing. You have crossed the line with me and Ken. I will not tolerate your out of control behaviour any longer towards me or any man I choose to date in the future.”
December 20, 2022
Page 90: LOFARO’s 1st and 8th message.
“Your mental health is my worry”
“You scared the shit out of me. I don’t think you are mentally stable and I worry you will hurt yourself and Marissa.”
December 20, 2022
Page 91: DALEY’S 2nd message
- “I said things that triggered your anger because I know you so well.”
December 20, 2022
Page 92: LOFARO’s 2nd message:
- “I don’t care if you hope I heal. I don’t think we are safe with you in our lives to be honest. Not after this weekend.”
December 20, 2022
Page 94: LOFARO’s 2nd message:
- “Your salvation talk doesn’t make me any less afraid of your mental health.”
December 20, 2022
Page 95: DALEY’S message apologizing (this is after the tire slashing event)
- “I’m sorry, Forgive me, Thank-you, I love you, Good bye”
December 22, 2022
Page 98: LOFARO’s last two text messages
“I have multiple cameras facing my house for protection. I would like my garage opener please. You do not make me feel safe.”
“You and your brother do not have the right to enter my home.”
December 22, 2022
Page 99: DALEY’S MESSAGE
“I want you to be happy…you are free from me.”
“You are safe and free to do as you please.”
December 22, 2022
Page 99: LOFARO’s 5th message
- “I do not have a relationship with him nor will it grow. Your fear tactics worked and he does not want to pursue anything with me further because of you.”
January 11, 2023
Page 123: LOFARO’s 4th-6th message
“Personal items are not for us to discuss. So, please stop.”
“Don’t send me pics, Chris. Or elude to what you do in your bed with her.”
January 12, 2023
Page 124: LOFARO’s 2nd message
- ‘“You did a criminal act towards Ken and you are still acting out - just through your 3 year old daughter- which is sickening.”
January 23, 2023
Page 135: LOFARO’s 11th text
- “And because I am choosing to not have a life with you, you are angry and pull this garbage on me with Marissa. It’s so unfair and wrong.”
January 23, 2023
Page 136: LOFARO’s 3rd text
- “By going out with another guy? We are not together. Me wanting to have a life outside of being a mother has nothing to do with wanting to hurt you. It has nothing to do with you. YOU deliberately hurt others, especially me. Your actions today show this 1000%. Keep your fake kindness to yourself.”
January 23, 2023
Page 138 - LOFARO’s 5th message
- “Stop pretending to care. Stop offering help. Just stop. Your kindness is ridiculously conditional - it makes me sick. You have ruined this day for me once again.
January 25, 2023
Page 145 - LOFARO’s 4th and 5th message
“I am not feeling sorry for you. You don’t control your emotions and your anger comes out and leaves consequences.”
“I do not want to discuss this anymore. It sucks all of my energy out and I’m not going to allow for that moving forward.”
January 26, 2023
Page 153 - LOFARO’s 7th and 8th message:
“Remember after you slashed Ken’s tires you said I was free from you? What happened to that?”
“I do not want to be with you. So please, please leave me alone and stop the following, manipulation, driving past my house etc. please stop
29I also note that on December 17, 2022 , Ms. Lofaro received 31 unanswered messages from Mr. Daley. Mr. Daley frequently used discussions regarding parenting arrangements as a pretext to initiate personal and harassing conversations.
30It is also clear from the above texts that Mr. Daley sent Ms. Lofaro messages demonstrating actual knowledge or recklessness regarding her emotional state and the harassing nature of his conduct:
31Mr. Daley also wrote messages with sexualized and degrading content. He also told her “I still have the videos we made and some of the pics of your ass, pussy and you sucking my dick. I have no use for them now but thought you might be able to sell them?”
32I am satisfied that these remarks were intentionally made to harass and distress Ms. Lofaro and demonstrates an obvious recklessness as to whether Ms. Lofaro was or would be harassed.
Other s. 264(2) prohibited conduct
33Of course, the unwanted messaging is only one of the prohibited forms of conduct engaged in by Mr. Daley. I am satisfied beyond a reasonable doubt that he repeatedly tracked the movements of Ms. Lofaro in her vehicle by using a GPS device. Mr. Daley engaged in confrontation with Mr. Evraire at their workplace and slashed his tires while Ms. Lofaro and Mr. Evraire were on a date which was, in my view, meant as a sinister message designed to intimidate Mr. Evraire but also to instill fear in Ms. Lofaro. He succeeded with respect to Ms. Lofaro. Mr. Daley also entered her house without permission. I find that the defendant engaged in repeated and unwanted surveillance of the complainant as well as stalking behaviour. I accept the testimony of Ms. Lofaro that she was harassed and fearful because of Mr. Daley’s offending conduct.
34I find that the evidence establishes beyond any reasonable doubt the guilt of the accused on the charge of criminal harassment. He is found guilty and convicted of the offence.
Charge of Mischief
35The second charge alleges that the accused between December 13, 2022 and February 10 2023 did wilfully obstruct interrupt or interfered with the lawful use, enjoyment or operation of property contrary to s. 430(1) (c) of the Criminal Code. It is alleged that Mr. Daley installed or had installed a GPS device in Ms. Lofaro’s vehicle which interfered with the complainant’s lawful enjoyment of her vehicle. His presence at multiple undisclosed locations supported her claim that he was tracking her causing her emotional distress and interfering with he lawful use and enjoyment of her vehicle.
36On February 10, 2023, Ms. Lofaro brought her van to Kanata Collision in Stittsville for cleaning and detailing. Mechanic Manny Guella, who specializes in electrical systems, discovered a GPS tracking device hidden under the front passenger seat. The device was attached using rare earth magnets, placed upside down, and was active and powered. Guella photographed the device and informed Lofaro, who immediately contacted police. Guella confirmed the GPS tracker was hidden in a non-obvious location and would not be easily detected without training. He verified the device was active and documented its placement with photographs.
37Constable Laurie Kudsi, from the Intimate Partner Violence Section, led the investigation. A production order revealed the GPS device was activated on November 29, 2022, with a one-year service term. The device was registered to a person named Chris with a phone number (613-862-6788), and email (chris.nearest@gmail.com). The device was purchased via Amazon for $150. It is admitted that this was the same telephone number used by Mr. Daley to text Ms. Lofaro
38Ms. Lofaro testified that she made sightings of Daley’s truck at locations where she had not informed him of her presence raised suspicions that Mr. Daley was tracking her. On January 31, 2023, Sandra took her daughter for vaccines at a clinic and saw Daley’s truck parked nearby, despite not notifying him where she was. She expressed fear and panic in texts to friends and suspected GPS tracking. Similar sightings occurred at a restaurant and a Structube store in Kanata. Daley also sent texts shortly after Sandra dropped off her van at the mechanic, suggesting he was aware of her location.
39I am satisfied beyond a reasonable doubt that the accused is guilty of mischief. The Crown has proven that Mr. Daley interfered with the lawful use and enjoyment of her vehicle by placing or having placed a GPS tracking device in her vehicle and tracking Ms. Lofaro’s movements. He is found guilty and convicted of this offence.
Released: October 10, 2025
Justice T. Lipson