Ontario Court of Justice

Date: 2024·12·03 Newmarket

Between: His Majesty the King — And — Martha Leibowitz

Judgment

Evidence and Submissions Heard: December 2,3 2024. Delivered: December 3, 2024.

Counsel: Ms. Esti Azizi........................................................................................... counsel for the Crown Ms. Martha Leibowitz ....................................................................... counsel for the defendant Mr. Aaron Wine ...................................................................... 486.3 counsel for the defendant

Kenkel J.:

[1] On November 3rd, 2023 Ms. Leibowitz went to the mail room in her condominium building. She knocked on the door of the property manager’s office. When the property manager opened the door Ms. Leibowitz stepped into the office. The property manager testified that Ms. Leibowitz complained about a door and then called her a criminal. The attendance in the property manager’s office that day was recorded on video.

[2] Less than two weeks earlier Ms. Leibowitz had been released by DC Russo on an undertaking prohibiting her from having any contact with the property manager except through email. At the time of release, she initialled that term confirming her understanding. DC Russo testified that the prior charge and the undertaking are still active before this court so were in effect on November 3, 2023.

[3] Ms. Leibowitz submits that there was no sound recording of the interaction. The property manager in her view wasn’t acting properly. She admitted in final submissions that she went to the property manager’s office that day, but she said she had to because the property manager wouldn’t answer her emails.

[4] The Crown has proved that Ms. Leibowitz was bound by the undertaking condition on November 3rd, 2023. The video evidence and the credible testimony of the property manager plainly show the breach alleged.

[5] I find the Crown has proved the allegation beyond a reasonable doubt. There will be a finding of guilt.

Delivered: December 3, 2024. Justice Joseph F. Kenkel