The accused was charged with mischief to property of a value less than $5,000 contrary to s. 430(4) of the Criminal Code.
The accused attended a lawyer's office to retrieve a file belonging to his father.
A dispute arose regarding the retrieval of the file, during which the accused pushed the lawyer, causing the lawyer to fall into a sideboard and break a porcelain horse figurine.
The accused claimed the lawyer broke the figurine by hitting him with it.
The court found the lawyer's testimony credible and the accused's testimony inconsistent and incredible.
The court convicted the accused, finding that while the damage was not intentional, the accused was reckless as to the consequences of pushing the lawyer in an area containing fragile items.
