Court of Appeal for Ontario

Date: 2024-05-13 Docket: COA-22-CR-0270

Before: Pepall, Thorburn and George JJ.A.

Between: His Majesty the King, Respondent and Chad Adams, Appellant

Counsel: Chad Adams, acting in person Chris Rudnicki, appearing as duty counsel Erica Whitford, for the respondent

Heard and released orally: May 8, 2024

On appeal from the convictions entered on June 29, 2021 by Justice Cynthia Johnston of the Ontario Court of Justice.

Reasons for Decision

[1] The appellant appeals his convictions for assault with a weapon and assault causing bodily harm. The trial judge found that the appellant assaulted the complainant, his girlfriend, by holding her against the wall and choking her, striking her in the head, urinating on her, and pouring a soapy substance over her.

[2] The appellant advanced one ground of appeal: the trial judge failed to consider the whole of the evidence. He argues, more specifically, that because the trial judge had a reasonable doubt in respect of the allegation that the appellant kicked the complainant in the ribs, she ought to have had a reasonable doubt with respect to the remaining allegations.

[3] We are not persuaded by this argument. The trial judge’s findings of guilt were based on a reasoned acceptance of the complainant’s evidence, a rejection of the appellant’s evidence, and the consideration of other corroborating evidence.

[4] The trial judge considered all of the evidence in reaching her conclusion and, having done so, it was open to her to believe all, some, or none of it. Furthermore, an appellate court cannot interfere with a trial judge’s assessment of credibility, unless that assessment cannot be supported on any reasonable view of the evidence, which is not the case here.

[5] The appeal is therefore dismissed.

“S.E. Pepall J.A.”

“Thorburn J.A.”

“J. George J.A.”