The accused was charged with assault, mischief, and breach of probation following an altercation with his former mother-in-law during a child access exchange.
The court applied the W.(D.) test to assess conflicting testimony between the complainant, the accused, and the accused's eight-year-old daughter.
Finding the daughter's testimony compelling, the court concluded the complainant initiated the physical contact, raising a reasonable doubt on the assault charge.
The court acquitted the accused of breach of probation, finding his verbal tirade did not breach a legal obligation, and acquitted him of mischief due to insufficient evidence.
