R. v. Ian Tait, 2021 ONSC 4182

COURT FILE NO.: CR-18-DV7063

DATE: 2021/06/11

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

Her Majesty the Queen

– and –

Ian Tait

François Dulude for Her Majesty the Queen

Self-represented

HEARD: March 29-April 2 and May 27, 2021 (at Ottawa)

Pursuant to s. 486.4 of the Criminal Code there is a continuing order in place making it an offence for any person to publish information that might lead to disclosure of the identity of the Complainant.

reasons for decision

o’bonsawin J.

Background

[1] At the time of the incidents, Mr. Tait worked as an arborist. The Complainant was a lab technician specialising in phlebotomy. They met in June/July 2017 when the Complainant was working in a drug and alcohol testing clinic and Mr. Tait was a client who went for testing. They officially started dating on July 20, 2017. The relationship was difficult.

[2] Mr. Tait is charged with the following:

1. on or about April 7, 2018, Mr. Tait willfully damaged a wall, the property of the Complainant, the value of which did not exceed five thousand dollars and committed mischief contrary to s. 430(4) of the Criminal Code, R.S.C. 1985, c. C-46 (“Code”);

2. on or about April 7, 2018, Mr. Tait willfully damaged a flowerpot, the property of the Complainant, the value of which did not exceed five thousand dollars and committed mischief contrary to s. 430(4) of the Code;

3. on or about June 28, 2018, Mr. Tait committed a sexual assault on the Complainant, contrary to s. 271 of the Code;

4. on or about August 29, 2018, Mr. Tait committed a sexual assault on the Complainant, contrary to s. 271 of the Code; and

5. on or about August 29, 2018, Mr. Tait committed a sexual assault on the Complainant, contrary to s. 271 of the Code.

[3] At the commencement of the trial, the Crown and the Defence agreed to the following:

• the dates, jurisdiction and identity are admitted; and

• the Centre for Forensic Science Biology Reports dated October 29, 2018 and March 5, 2019 confirming Mr. Tait’s DNA was found on the Complainant’s genitalia.

[4] The Crown called the Complainant and A.G. to testify. Mr. Tait elected to testify. He is not required to do so, the burden of proof resting with the Crown throughout.

Position of the Parties

The Crown

[5] The Crown argues that Mr. Tait should be found guilty on all five counts.

The account provided by Mr. Tait should not be believed or leave this court with any reasonable doubt as to his guilt on all counts. Mr. Tait’s evidence was problematic given the implausibility of some aspects of his evidence, and internal and external inconsistencies in the evidence. The Complainant was a credible and reliable witness. She gave her evidence in a forthright manner, she did not deviate under cross-examination and her evidence was corroborated by the evidence of the other witnesses including Mr. Tait and the documentary evidence.

The Defence

[6] The Defence argues that the version of events provided by the Complainant did not occur as she described them. The Defence evidence was credible and should be accepted.

[7] Mr. Tait testified that all the sexual activities were consensual. He is not guilty of these offences.

Evidence

[8] The evidence of the Complainant and Mr. Tait was similar in many respects. With regards to the events on April 7, 2018, they gave similar evidence other than how the wall and the flowerpot were damaged. The same can be said regarding the events of June 28, 2018 and August 29, 2018. Their evidence differs on the sole issue of the existence of consent to the sexual activity.

[9] There are numerous texts between Mr. Tait and the Complainant. I have reproduced the relevant ones and attached them to Appendix “A” of this Decision. I have also reproduced Mr. Tait’s note threatening self harm and attached it to Appendix “B” of this Decision.

The Complainant’s Evidence

[10] I summarize the Complainant’s evidence in the following fashion.

[11] She first met Mr. Tait at the drug and alcohol clinic where she worked as a lab technician. Mr. Tait had gone into the clinic for testing. They started texting each other and the Complainant asked her manager permission to date Mr. Tait, who was a client of the lab. The Complainant was told that she could date Mr. Tait as long as she was no longer testing him. They officially began dating on July 20, 2017.

[12] The Complainant has one daughter who was four years old in July 2017. Mr. Tait had three children at that time. The Complainant’s daughter lives mainly with her and also did so in 2017 when they lived in Kanata, Ontario. The Complainant resided with her friend and roommate, A.G.. They had been roommates for over three years at that time. He remains her roommate and friend to this day and he testified for the Crown in this trial.

[13] They live in a three-bedroom house. The Complainant occupies the master bedroom with her own private washroom. Mr. A.G.’s bedroom is located at the back of the house and the daughter’s bedroom is located at the front of the house. There is a powder room on the main floor and Mr. A.G. uses the full bathroom on the other floor. The Complainant described her bedroom as follows: she has a king-sized bed with end tables at each side of her bed. Her 6-drawer dresser is at the foot of her bed beside the entrance to her private washroom. She has a television on her dresser. On the other side of her dresser, she has a walk-in closet. In 2018, she had a wicker stand in the corner and it is no longer situated there at this time.

[14] At the time the Complainant and Mr. Tait started dating, he did not drive. The Complainant often picked up Mr. Tait at his house and brought him to her house to stay with her for several days at a time. Afterwards, she would drive him back home.

[15] The relationship was described as initially very good. However, their first argument took place at the home opener of the Ottawa Senators. She recalls this detail because all participants had received a scarf. The Complainant received a text message from her ex-boyfriend’s child. She asked Mr. Tait for his advice as a father regarding whether or not she should continue to have a conversation with this young child. Mr. Tait became angry and called her names such as “slut”. The Complainant left Mr. Tait at the Senators’ arena.

[16] Mr. Tait followed her home and the Complainant says he assaulted her by pushing her against a wall. She was angry and upset, and she could not understand why he was so angry about her asking him for advice. Mr. Tait then tried to find a friend to pick him up from the Complainant’s house. She ended up driving him home the next day and they barely talked in the car. Mr. Tait then texted her “this is how you want it? We’re done.” His texts made the Complainant feel like he was blaming her. They argued back and forth, however, they were back together again within 1-2 days.

[17] The Complainant testified that throughout their relationship, Mr. Tait would become jealous at times and angry. He accused her of being with someone else when she maintains she was really just at home having a quiet night.

[18] They spent a great New Year’s Eve together. In about February 2018, Mr. Tait moved to Belleville, Ontario. He told her a strange lie about his move. In particular, Mr. Tait told the Complainant he was moving to Toronto, Ontario, to live with his cousin since his roommate had kicked him out. They decided that they would continue to date each other and try to make the best of it. In reality, he moved back into his parents’ house in Belleville. He later told her the truth, that he had moved in with his parents.

[19] The distance between Kanata and Belleville changed their relationship. At first, they broke up for a couple of weeks because they did not see each other. They were fighting over the phone and arguing by text. Mr. Tait was speaking to the Complainant while he was seeing another woman, AC. The Complainant found out about the other woman because he was posting photographs on Facebook and AC would “heart” and comment on them. The Complainant contacted AC through Facebook and politely asked the latter how she knew Mr. Tait. When she sent this message, Mr. Tait was at AC’s house in Belleville. AC felt bad about the situation and told the Complainant that she was an addict and she partied with Mr. Tait. The next day, Mr. Tait told the Complaint that he and AC “were not really together.” Mr. Tait and the Complainant often broke up over little fights and got back together. The week before the incident with AC, the Complainant found out that she was pregnant. She went to Montreal to clear her head and to decide if she wanted to continue with her pregnancy. When she told Mr. Tait about her plan, he accused her of being with another man. When they discussed it, Mr. Tait told her that he was at his parents’ house and that he had to go take care of his niece. The Complainant later found out that this was a lie and that he had gone to another woman’s house. After their fight about AC, they were excited about having the baby and they decided to work on their relationship. Around the end of March, her pregnancy was terminated naturally because she had an Intrauterine Device (birth control device). They were both upset about this loss.

[20] In February 2018, Mr. Tait started drinking heavily. His mother and sister would tell Mr. Tait that he was drinking again, and he would express his anger to the Complainant. In March/April 2018, Mr. Tait took the train almost every weekend to visit the Complainant.

[21] In March 2018, after she had caught Mr. Tait cheating, he told the Complainant that he would do anything, even give her his location. She accepted because she had lost trust in him at that point because he had been unfaithful. Since they each had each others’ locations on their iPhones, she could see that he had not even left his location. She heard people talking in the background when she was talking to him; he was still where he was and partying in Ottawa. One minute, Mr. Tait told the Complainant that he loved her, and the next thing he was calling her a “slut”. The Complainant testified that it seemed odd how Mr. Tait was angry and upset one moment and the next moment he was crying. The Complainant was crying when they were going back and forth. Finally, she told Mr. Tait “forget it”, and she put her daughter to bed. She told Mr. Tait that if he did not get up soon and return to her house, she would cut up his clothes.

[22] The Complainant sent him a photograph of a pair of his jeans she had cut up. She also threw all of his clothes onto the lawn. Mr. Tait responded: “go ahead.” At one point, the Complainant realized that Mr. Tait had a key to her house since she had given him a key in case no one was home when he arrived; he would be able to get into the house with that key. After she put her daughter to bed, she told Mr. Tait that she would bring his weekend bag with his stuff to him and get back her house key. She sent a message to Mr. Tait’s friend to tell him that she wanted to go get her key. The Complainant told him that if she did not receive the key back from Mr. Tait, she would call police. She went to the apartment building where Mr. Tait was located. Mr. Tait and his friend went down to meet her where she was parked at the roundabout. Mr. Tait could hardly walk, and he had red wine spilled down his shirt. He was not mad about the photograph she had sent to him; he was mad that she would not take him back. She told him “we are doing this; it is what you chose.” Mr. Tait then got into the Complainant’s face and said to her “we are done.” She responded to him “yes we are done.” She was very firm when she spoke to Mr. Tait. She could tell he was angry by the tone of his voice and his body language. Mr. Tait reached into his pocket and threw her key into the bush. His friend got upset with him and asked him “why would you do that?” His friend retrieved her key from the bush and gave it to her. When the Complainant went back into her car, Mr. Tait kicked the driver’s side.

[23] When the Complainant got home, she texted Mr. Tait’s friend. The latter told her his name was John and that he was sorry about what had happened; he did not realize that Mr. Tait would do that. Mr. Tait called her from John’s number. He told her he was coming over to talk and they were not breaking up. The Complainant told Mr. Tait that she did not want to fight with him and that he should return to Belleville by train. She also told him that if he went over to her house, she would call the police. He was not listening to her. The Complainant then called the police and told them that Mr. Tait was going to her house even after she told him not to do so. She unplugged the doorbell in case he went over to her house because she did not want him to wake up her daughter and make the dogs bark. She stayed upstairs and went into her bedroom. Mr. Tait went through the back door through the gate and tried to open her sliding door. He was unsuccessful. Shortly afterward, the police officers arrived. The Complainant told the police officers she had left Mr. Tait’s roller blades on the porch over night and someone must have stolen them. She admits that this was a lie.

[24] Mr. Tait disappeared, and the police tried to find him. When he came back to her house, the police gave him a drive to the train station. Mr. Tait then returned to Belleville. He was not charged as a result of this incident.

[25] That evening, Mr. Tait sent the Complainant texts via his iPad because his cell phone was broken. It was the same kind of texts that she had received before: “[Y]ou are happy, you want this over, there must be a new guy, you never loved me anyways.” She was getting tired of it all, but she was also getting used to it at the same time. Every time Mr. Tait was unfaithful, he would turn it around on her and tell her that she never cared about him and the reason she was leaving him was because there must be another guy. This was the pattern. Shortly after this incident, Mr. Tait phoned the Complainant and told her that he was with another woman. In actuality, he was not with “another woman” he was just spending time with his sister. He lied to the Complainant.

[26] On April 7, 2018, Mr. Tait went to visit the Complainant for the weekend. They argued upstairs in her bedroom. They were both yelling at each other. In the corner of her bedroom, she had a wicker stand and a dark brown mahogany jewelry box was placed on it. The jewelry box was about a foot and a half long and contained her jewelry. Mr. Tait threw or pushed it and the box went flying across the bedroom and made a dent in her wall. Mr. A.G. was home during this incident. After Mr. Tait left the bedroom, he went downstairs, and she assumed he went out for a cigarette. She heard something fall and it sounded like the cabinet on the wall hit the ground. Later, she found out that the ceramic pot with an artificial plant she had on a cabinet on the wall was broken. Mr. Tait had placed it back and turned the pot the other way around to hide that it was broken. When she looked closer to the cabinet, she saw damage and a chip at the bottom of it. There was also damage to the side of the cabinet. As a result of the damage, the Complainant had to repaint to corner of the cabinet and she threw out the pot. The Complainant was upset the next day and she sent Mr. Tait the photographs of the damage to her wall and her cabinet. They ended up by patching up their relationship and things were good between them for a few weeks.

[27] Near Mother’s Day in 2018, Mr. Tait arrived at her house from Belleville on that Friday. They had a great night. The next morning, she had plans to go visit her mother in Almonte, Ontario, with her daughter. Mr. Tait wanted to go visit a friend. He told the Complainant he would go visit his friend and then pick up ribs and salmon in order to cook her dinner and they would have a romantic night. While the Complainant was at her mother’s house, she and Mr. Tait were texting each other back and forth. He then stopped responding to her texts. The Complainant called Mr. Tait and when he answered, she said he insulted her. He sounded drunk; he was slurring his words and crying. When she asked him “why are you doing this to me?”, Mr. Tait told her he loved her and was getting into a cab to return to her place.

[28] In June 2018, Mr. Tait sent the Complainant a photograph of his torso and legs lying in a hospital bed. He told her that he was getting tested for cancer. Shortly afterwards, Mr. Tait sent the Complainant a photograph of a chlamydia cell under a microscope and thanked her for giving him chlamydia. She told him that she was always faithful to him. Her heart sank and she made an appointment with her family doctor the next day. They were broken up at the time he sent her these photographs. Mr. Tait blamed her for the chlamydia and he later blamed a strip club. They were both speaking on the phone and texting each other. Then, Mr. Tait told the Complainant he was moving to Kanata and he did so within a couple of days. They started dating again after his move.

[29] On June 28, 2018, the Complainant got ready to watch the series finale of Nashville, a television show she never missed. It played on television from 8:00-9:00 p.m. She took a shower and put up her wet hair into a bun. She wore a Blue Jays nighty and a big white robe and nothing else underneath.

[30] The Complainant then took a couple of glasses of wine and went into the basement. Mr. Tait accused her by text of being with another man. She told him that she wanted to watch the show and if he did not believe her, he should come over to her house. She does not recall if her daughter was at home or whether Mr. A.G. was home. Mr. Tait arrived wearing a blue pinstripe shirt with ¾ folded sleeves. He told her that he was outside her house and she let him in. He was holding a brown paper bag with tall boy cans of beer. He appeared to be intoxicated and irritated/angry. The Complainant could tell this by looking at his eyes, as well as because he was slurring his words a bit and the fact that he had beers with him.

[31] When they went downstairs, the Complainant sat down on the couch, and Mr. Tait started pacing. He tried to lean in to kiss her. This was not done in an affectionate manner. It was forced or aggressive and she was not in the mood to kiss him. Their lips just touched, like a peck, and she turned her head to the right. Mr. Tait got defensive. The Complainant thought his ego was wounded. He sat beside her on the right of the couch and put his hands on her and tried to go up her robe near her vagina. She told him “no” and tried to stop him; she used both of her hands to create a barrier. Mr. Tait told her “that feel good?” and she responded “no” and he got up angrily and went upstairs. She heard the front door slam. She was frozen at that moment and texted her friend to say, “I can’t believe he just did that.” The text to the friend is a prior consistent statement and is not admissible for the truth of its contents.

[32] She then went upstairs and expected to see him on the front step. He was not there. When one walks outside her front door, her car was the closest to the garage and Mr. Tait came around the corner towards her, which seemed odd. Mr. Tait later passed out.

[33] The next morning, Mr. Tait left for work from her house and she was going to her cottage to meet up with her cousin and others. When she left her house to go to Farm Boy, the Complainant’s steering wheel was feeling heavy. When she arrived at Farm Boy, she got out of her car to look at her tires. They were bulging out from the bottom. The Complainant sent a photograph of her tires to her cousin who told her “oh boy, someone is messing with your tires.” She went to the Shell gas station and put air into her tires. When she arrived home, she found a cap and Mr. Tait’s cigarette butt laying next to it. She knew it was his because the cigarette butt was “smushed” part way and this was how he put out his cigarette.

[34] On the way to her cottage, she called the Ottawa Police Service and told them that someone had tempered with her car. They did not want to take her statement because she was calling from her car. Someone was supposed to call her back and she never received a call back. The Complainant called the police back about this incident on July 3, 2018. It did not bother her that they did not call her back because she figured they would eventually do so. Afterward, she confronted Mr. Tait about her tires and told him that she would call the Ottawa Police Service. At first, he acted defensive and he denied he had let out the air of her tires. Afterwards, Mr. Tait admitted to her that he had pushed down with his index finger and let the air out of her tires. He did so in person in her living room on the main floor. The Complainant felt violated by Mr. Tait’s actions because her and her daughter’s safety was put at risk. Mr. Tait brushed this off like it was nothing.

[35] They continued to see each other over the summer of 2018 almost every day. Sometime in June/July 2018, Mr. Tait had given the Complainant the passwords to his social media accounts in order to prove to her that he was loyal. They also continued to argue over the summer about Mr. Tait being unfaithful and texting other women. When this happened, she broke up with him.

[36] They also argued in the past because Mr. Tait did not like that they were not public about their relationship on social media. The Complainant’s friends and family knew about their troublesome relationship and she told him that these people would lose respect for her because of all their breakups and makeups.

[37] On August 28, 2018, Mr. Tait showed up in her back yard. They argued about him messaging other women. Mr. Tait got mad at her. He whipped his cell phone at her when she was sitting on the bottom step and it hit the concrete stone and the screen cracked. He then left her house.

[38] On August 29, 2018, the Complainant and Mr. Tait often did not go long without talking to each other and therefore there were probably a lot of calls between her and him. At this point, Mr. Tait’s cell phone was not working, and he went to the Hazeldean mall to have it repaired. He commented to her “if I knew we were together right now, I was looking at Pandora pendants and I would get you one.” Mr. Tait sent the Complainant a screen shot to her to indicate that he had blocked a former girlfriend from his Facebook account. At 5:42 p.m., Mr. Tait texted the Complainant to tell her that he was in her backyard. When the Complainant saw Mr. Tait in her backyard, he was sitting at her patio table in the middle of her backyard and he had a case of Budweiser beer. During this time, the Complainant was tending to her daughter and making supper in addition to dealing with the conflict with Mr. Tait. He was outside drinking his beer.

[39] Since the Complainant was dealing with her daughter, she did not want to have a serious discussion with him by text. She wanted to do it in person. Anytime Mr. Tait was caught being unfaithful or being wrong, he blamed the Complainant. That evening, he continually asked her if they were done and told her that she never cared about him or loved him. She recalls smelling marijuana. By this time, she was irritated. At 8:41 p.m., Mr. Tait texted her that he will leave. The Complainant went outside and spoke to Mr. Tait. He kept asking her if he should leave and she got very frustrated and told him that he should leave. Mr. Tait was irritated and wanted a straight answer from her. His tone was arrogant and pushy with a lot of attitude. She was angry and fed up and trying to take care of her daughter during this text discussion. The Complainant drank wine that evening. She had two glasses of wine while cooking dinner and had a third in hand before going upstairs.

[40] At approximately 9:00-9:30 p.m., the Complainant then went upstairs to her private washroom which is attached to her bedroom. She does not recall if she invited Mr. Tait into the house at that time. When she came out of the washroom, Mr. Tait was in her bedroom. The Complainant said she would never have had sex with Mr. Tait or even sat on the couch with him after he worked, unless he had taken a shower first. He had not showered. By this point, Mr. Tait had drunk a lot of beer, but he did not seem intoxicated – just angry. He could walk straight, and his speech was not slurred. When the Complainant first saw Mr. Tait, he was standing a few feet away from her on the left side of the bed where he normally slept. He had a bottle of beer in his hand.

[41] The first thing that came out of the Complainant’s mouth was “yeah, I fucked someone too.” She said this in an aggressive tone because she was angry. This was not premeditated on her part. She thought to herself, “how would he like it if he was feeling what I was feeling.” As she walked out of the washroom, she turned right to go towards the door as she said that to him. Mr. Tait followed her, and they were facing each other. He got very mad and asked her loudly “was it good?” and she responded “yes it was” in a cocky way.

[42] Mr. Tait then pushed the Complainant forcefully onto her side of the bed nearest to the washroom. She does not recall if he used one or two hands. She landed perpendicularly with her knees on the side of the bed. He was hovering over her. The Complainant told Mr. Tait “as if you just did that. You really think that is ok” and she hit him in the chest by doing a hard pushing motion with her right hand, but it was not a punch. She does not recall what part of his body she hit. She was trying to get him off her. The Complainant did not feel like she had a lot of power. There were a million things going through her head. Mr. Tait responded by putting his hands around her neck and his eyes were wide and black. The Complainant said to Mr. Tait “what do you think you are doing?” and he started to try to pull her pants down. She was wearing underwear and black capri yoga pants with no zipper. She was also wearing a tank top underneath a hoodie. He pulled down her pants. She tried to stop him and tried to get up. Mr. Tait pushed the Complainant back down. Mr. Tait did not pull her pants down completely. The Complainant told Mr. Tait “no” and it happened very fast. Mr. Tait was wearing his chainsaw pants. His pants were dirty, and he smelled sweaty and like chainsaw exhaust. Next, he pulled down his pants but not completely.

[43] Mr. Tait then forced his penis inside her vagina. The Complainant could not believe what was happening because she had said no to sex. She was crying so hard that she was almost hyperventilating. He was inside her only about two to three minutes and she turned her head to the right so as not to look at him. She cannot, however, recall the exact amount of time because it was traumatic for her. As the Complainant put it, “I didn’t have a clock to watch how long he was raping me.” Mr. Tait ejaculated inside her vagina. Afterwards, Mr. Tait got up, pulled his pants up, did not say a word and then left the bedroom. She stood up and let her pants fall to the ground. She felt lost and was processing what had just happened. She then went into her washroom and cleaned her genital area with a facecloth under warm water.

[44] When the Complainant went back into her bedroom, Mr. Tait was standing there. By this time, the Complainant was just wearing her top. Mr. Tait then pushed her again towards the foot of the bed. She cannot recall how he pushed her. She was still crying a lot and feeling violated and processing how he could have done that to her just a couple of minutes ago. Mr. Tait then forced his penis inside of her vagina again. The Complainant told him “Ian stop. No.” Mr. Tait did not stop, and he just kept going. She thinks it did not last as long as the first sexual assault but by that time, she was going through a lot in her head and she zoned out. The remote control for her television was on her bed and it flew off the bed, made contact with her dresser and made a thump noise. This made Mr. Tait stop. He did not ejaculate inside her vagina. During cross-examination, it was suggested to the Complainant that they had consensual sex on August 29. She responded “absolutely not, no doubt in my mind. I think he thinks it was consensual.” The Complainant would never have sex with Mr. Tait if he did not have a shower after coming from work because he was sweaty, dirty and smelled. Her bedroom door was open, and she remembers hearing something. Mr. Tait then got up, pulled his pants up and asked her whether the other guy was as good as him. The Complainant was crying and responded “Stop.”

[45] When the Complainant thinks of the sexual assaults on August 29, 2018, she feels like Mr. Tait was trying to gain his property back and that it was an ego thing for him. The best way for her to describe Mr. Tait when he sexually assaulted her on the two occasions is as follows: “Disgusting is the best way to put it. Like a dog humping something to claim it or to get dominance. That is what I felt like, he was trying to dominate me.” The Complainant is of the view that Mr. Tait could not have been confused about her not wanting to have sexual intercourse with him on the two occasions because he saw her tears and she said “no”. Her memory is very choppy after the second sexual assault because it was very traumatic for her. Her brain blocked off a lot but there are some things that she remembers vividly like what Mr. Tait smelled like and what he was wearing. Some of those memories have come back from repeatedly talking about what happened.

[46] The Complainant and Mr. Tait went downstairs. She opened the door and they fought outside. Mr. Tait kept bringing up the man that she said she had slept with. He asked her if she had “sucked his dick, was it worth it?” The Complainant told Mr. Tait that it was not true and that she had made up the fact that she had sex with another man. He did not believe her. She told him to keep it down because of her neighbours. Mr. Tait then left, and the Complainant returned back into her house. She saw Mr. Grianti who was in the kitchen. He asked her if she was okay and she brushed it off. Mr. Grianti could tell something was wrong with the Complainant. She does not remember the details of their conversation, but she recalls getting defensive and telling him to mind his own business and made a point of telling him that there was no privacy in the house. The Complainant was not ready to go into the details with Mr. Grianti. Her daughter was asleep during the sexual assaults and she was not awoken by the noise. After Mr. Tait left, the Complainant went and got her daughter out of her bedroom and the Complainant brought her daughter into her bed for comfort.

[47] There were many texts back and forth between the Complainant and Mr. Tait that evening, starting at 10:48 p.m. on August 29, 2018 and ending on August 30, 2018 at 7:32 p.m. As previously noted, the relevant portions of those texts are located in Appendix “A”. Mr. Tait kept texting the Complainant about the other man and was obsessed with that. When he was professing his love to her, she was upset because if he really loved her that much, “he would not have done those things he did to me.” Part of her was processing the sexual assaults. She also thought about him cheating with other women. The Complainant never reacted like he did on August 29th when Mr. Tait cheated on her with other women.

[48] The next day, the Complainant was trying to get her daughter ready for daycare, and to go for her ultrasound. Due to Mr. Tait sexually assaulting her the night before, she felt very violated and on top of that, she had to go get a transvaginal ultrasound. Mr. Tait showed no remorse for his actions. He was only obsessing about the other man. Even though she repeatedly texted him about him sexually assaulting her the night before, he never responded to her allegations.

[49] Mr. Tait was clearly very mad and kept asking the Complainant if she was happy and if the other guy was good in bed. She wrote to him about the other women he slept with. She was angry and hurt because he had just raped her, and he was not even acknowledging the fact that he had done so. She had a lot of emotions. He was instead fixated on her sleeping with another man and the latter performing oral sex on her. Once again, Mr. Tait was blaming her. It was put to the Complainant during cross-examination that when she texted Mr. Tait “At least you got laid last night”, there is a certain connotation by using the word “laid” that suggests she participated in the act. The Complainant responded, “I feel he got laid and I got raped.” She did not call the police that night because she was tired, emotional and just wanted to go to bed. She wanted to address it in the morning.

[50] The Complainant is unsure why she continued to engage with Mr. Tait following the sexual assaults. This was their entire relationship: the back and forth and breaking up and getting back together again. When he lived in Kanata and they were not fighting, they saw each other almost every night. As she put it, “[w]hen we were fighting situations like this would happen, where he would argue with me, manipulate me to make me feel like it was my fault I would then go to his place coward basically and pick him up and he would come back to my place. Coward, I would just let it go.”

[51] When it was put to the Complainant during cross-examination that she continued to text Mr. Tait on August 29 and 30, 2018, to create a paper trail to try to trap him, she replied “100% not!”

[52] The night of August 30, 2018, the Complainant wanted to see Mr. Tait face to face to discuss what had happened. She was trying to process what had happened the night before and was dealing with her emotions. The Complainant used his passwords which he had previously given to her and went through his “stuff”. She found out he was making plans to go out and party with his friends. She was very upset that he could just go out and party like nothing had just happened. The Complainant was also concerned that Mr. Tait was going to meet another woman. That hurt her – that he could just toss her away after what he had done to her the night before.

[53] In the text messages, the Complainant told Mr. Tait that his wanting to build a deck with her was “bullshit”. This was Mr. Tait just trying to manipulate her.

[54] On August 31, 2018, when the Complainant saw how easy it was for Mr. Tait to go out with his friends and party, she was really hurt. “How could someone who loved me so much do that and not try to make it better.” The Complainant called Mr. Tait. The purpose of her call was to tell him that it was “so easy for you to go out and be with your friends after you just did that to me and disregard what just happened. You assaulted me and I am going to call the police and report it.” She also told him that this was going to be the only way she could get rid of him. After the Complainant hung up the phone, Mr. Tait texted her to “stop this Will you please stop this”. She called the police and reported the sexual assaults.

[55] When two or three police officers arrived at the Complainant’s house to take her statement, Mr. Grianti was present in the house. She recalls feeling overwhelmed because she had a few pieces of paper to write down what had just happened to her and it was so much bigger than three pieces of paper. She also said she felt rushed because the police officers were all standing around her wanting her to finish her report.

[56] At that time, the Complainant did not write anything down about the sexual assault on June 28, 2018, but it all came out when she went talk to Detective Brown. The police officers asked the Complainant if anything like this had ever happened before between her and Mr. Tait. She responded that Mr. Tait had never raped her before although she knew about the other time. However, she thought the police officers were referring to a vaginal rape as opposed to an assault. The police officers also asked her to go do a sex assault kit. The Complainant did not feel comfortable leaving her daughter because the latter was not feeling well. The following day, the Complaint went to do a sexual assault kit. The Complainant did not sustain any physical injuries as a result of the sexual assaults.

[57] On September 2, 2018, the Complainant met with Detective Brown to do an audio/video interview. The Complainant felt comfortable talking to Detective Brown. She vividly recalled the sexual assaults of August 29, 2018, but only bits and pieces of what had happened afterwards. The Complainant told Detective Brown about the air let out of her tires and the time Mr. Tait was repeatedly calling her and not leaving her alone. The latter suggested to the Complainant that she could bring her phone in to the police and the Complainant chose not to do so because it was easier for her to download the texts from home. It took her quite a while to do this.

[58] The Complainant and Mr. Tait got back together shortly after the sexual assaults. At one point, she contacted Detective Brown and asked about whether she could drop the charges against Mr. Tait. The only way she could do that was to retract her statement. The Complainant could not say that she fabricated that story because she was not lying about this. She told Mr. Tait she could not drop the charges because she could not lie about what he had done to her. Mr. Tait asked the Complainant if she wanted him to go to jail. She told him “no”. Mr. Tait then asked her if she would wait for him until he got out of jail. The Complainant told Detective Brown that her and Mr. Tait were talking again.

[59] In February or March 2019, the Complainant told Mr. Tait that she was in a relationship with a man named Brian to make him jealous. She told him this despite the fact that she said he had sexually assaulted her on August 29, 2018 in response to her fabrication that she had slept with another man. They both did this type of thing to hurt each other. He sent her messages of him talking to other women.

[60] After Mr. Tait was charged, both parties created fake Facebook accounts. She was Casey Megan and Mr. Tait was Saw Mill and Ian Douglas. During cross-examination, it was put to the Complainant that she created this fake Facebook account because Mr. Tait blocked her. She responded that they created these fake accounts so that they could talk to each other while he was on conditions. She does not deny that she sent him Facebook messages on April 5, 2019. Mr. Tait had just been over to her house because she had gotten a new puppy and they spent the night together.

[61] Although the Complainant cannot recall the date, she recalls that Mr. Tait offered to pay for them to go into counselling and to do whatever was required to “make it better.” Mr. Tait also said that he would enrol in a program to help him with his anger issues and try to cut back on his drinking.

[62] It is at that time that he acknowledged that he sexually assaulted her. Mr. Tait then took the Complainant shopping for an engagement ring.

[63] They did not attend counselling together. However, the Complainant attended counselling on her own. The Complainant saw her family doctor and told him about what had happened because she was having trouble coping with it. She also told some of her family and friends because she had to talk about it. Her family and friends did not know that she was back with Mr. Tait. The Complainant felt like she was living two lives.

[64] The Complainant also provided additional details about their time together between January and March 2019. In January 2019, they had had a huge argument about the Complainant finding a bag of cocaine in Mr. Tait’s pocket. She flushed it down the toilet. In February 2019, Mr. Tait left Kanata and moved in with his friend Evan. Around the end of March 2019, Mr. Tait went over one night to sleep over after she had just gotten a new puppy and they were intimate. He was supposed to go over again the next night, but he did not. She found out that he had another girlfriend. Mr. Tait refused to admit he had another girlfriend. They communicated back and forth. He always made excuses like he was working or was at the gym and there was not another woman. The Complainant was hurt and angry. She was still trying to move on from the trauma she suffered from all of Mr. Tait’s abuse.

[65] The Complainant maintained she has not fabricated any of her allegations against Mr. Tait out of hurt or anger. She did not exaggerate in any way during her testimony to cast doubt on Mr. Tait’s character.

[66] At the end of her cross-examination, the Complainant was asked about a text from March 6, 2019. During re-direct, she noted that the correct year was 2020, not 2019. Based on the line of the Complainant’s cross-examination, this led to her producing further texts. Mr. Tait conceded that the date of the text in question was March 6, 2020. Notably, on October 4, 2018 at 11:36 a.m., Casey Megan and Saw Mill started a conversation, and there were texts between Saw Mill and Casey Megan from October 4, 2018 to March 6, 2020.

[67] Another new text that came out of the Complainant’s cross-examination was dated August 9, 2018. This text was between the Complainant and Mr. Tait’s mother. Since Mr. Tait had sent the Complainant a note threatening self harm, which I have reproduced at Appendix “B” of this Decision and a screen shot of him telling his friend that he had taken too many pills the night before, she was reaching out to his mother to try to get him some help. The Complainant told Mr. Tait’s mother that they had gotten into an argument and that he had threatened to commit suicide, so she was worried about him. The Complainant also produced a photograph of empty pill bottles that were sent to her by Mr. Tait on August 9, 2018.

Mr. A.G.’s Evidence

[68] I summarize Mr. A.G.’s evidence in the following fashion.

[69] He is a civilian member of the RCMP and also works for Shared Services Canada. He has worked there since October 2007. Mr. A.G. is an IT Analyst.

[70] The Complainant has been Mr. A.G.’s roommate and friend since 2006. They resided in an apartment on Prince of Wales drive until 2007 when he moved in with his parents and the Complainant moved elsewhere. In 2009, Mr. A.G. and the Complainant moved back in together at Bells Corners, and then they moved to Pinecrest. There was a house fire on Pinecrest and they had to move back in with their respective parents for several months. Mr. A.G. and the Complainant have lived together in Kanata since 2016. They moved into their current house in 2017. The Complainant’s daughter resides with them.

[71] On April 7, 2018, the Complainant was dating Mr. Tait. Mr. A.G. did not know much about their relationship at that time. Mr. A.G. was upstairs when he heard a loud bang and then went to the main floor where the house entrance is located. If someone walked into the house through the front door, they would see that there was a hanging shelf situated on the left and beside the garage door. Currently, there is a small table, but he does not recall if this table was there at the time of this incident. They used that table as a television stand. By way of measurement from wall to wall in the entrance, there could be four or five men the size of Mr. Tait standing shoulder-to-shoulder.

[72] The noise Mr. A.G. heard was from the shelf that fell to the ground. The flowerpot was on the ground along with the debris. Mr. A.G. recalls that Mr. Tait was the only one there. Mr. Tait was picking up the pieces of the flowerpot that had broken. He asked Mr. Tait if everything was all right. Mr. Tait replied, “yeah it is fine.” And Mr. A.G. left it at that. Mr. A.G. thinks this happened in the afternoon because he remembers light coming through the window from outside.

[73] On August 29, 2018, Mr. A.G. went to his girlfriend’s place. He arrived back to the Complainant’s house at 9:50 p.m. He is able to pinpoint the exact time when he arrived because he looked at his Google Maps and looked at his timeline when he spoke to the police officers. When he arrived home, he sat on the couch and played with his phone. Mr. A.G. knew that Mr. Tait was there because he stayed over many times for long periods of time. Mr. A.G. recalls a loud bang from a small object falling to the floor like a telephone or a remote control. Afterwards, he heard a louder bang from an object like a bag of oranges or onions falling to the floor. They were two different sounds. Afterwards, Mr. Tait came down first and the Complainant came down the stairs after him. Since it has been three years since these events, Mr. A.G.’s memory is a little rusty. The Complainant told Mr. Tait, in possibly a bit of an angry tone, to “get out.” Mr. Tait responded with something like “hope you enjoy Joe or Matt.” He is unsure of Mr. Tait’s tone when he said this to the Complainant. Then the Complainant told him, again an angry tone, to “get out” and Mr. Tait left out the front door. Mr. A.G. is unsure if the Complainant also went out the front door. When Mr. A.G. asked the Complainant what the banging noises were, she said to him “could I have some privacy please!”

[74] Mr. A.G. has lived with the Complainant a very long time and he had a feeling that she was upset, angry and silent after Mr. Tait left. At times, the Complainant is very quiet when she is angry. It is difficult for Mr. A.G. to describe her silence. He then asked her if she was harmed and the Complainant appeared to be in shock, and he could tell that there was something very wrong with her. The Complainant changed after he asked her about the bangs; she became very silent and she seemed to be in shock. Mr. A.G. previously saw the Complainant being silent in this manner on the day in 2010 when there was a fire in their house and their animals were still in the house. The animals survived but the loss of it all led to the Complainant being silent. Afterwards, she got really upset and cried. The fire incident was the only other time he saw her in the state similar to the night of August 29, 2018.

[75] Mr. A.G. does not believe that the Complainant was intoxicated the night of August 29th. He has seen her intoxicated before. The next day, Mr. A.G. and the Complainant were talking, and he recalls saying to her something along the lines of “you are walking funny.” The Complainant got very upset, and she told him that she had been sexually assaulted the night before. She was walking almost as though she was putting more pressure on one foot than the other, and this was noticeable to him. This is a prior consistent statement of the Complainant and is not admissible for the truth of its contents.

[76] Three police officers arrived, and Mr. A.G. gave a statement to the police officers. He was required to write down what he remembered about the events on August 29, 2018. He and the Complainant were sitting at the dining room table taking turns writing their statements.

Mr. Tait’s Evidence

[77] I summarize Mr. Tait’s evidence in the following fashion.

[78] He was born in 1984 and grew up in Morrisburg, Ontario. He has four children and currently works as a framer for a construction company. On February 2, 2016, Mr. Tait was arraigned on an impaired driving charge. This was the worst choice he ever made.

[79] On October 26, 2017, Mr. Tait and the Complainant went to the Ottawa Senators’ home opener. The Complainant was calling Mr. Tait’s daughter by another name and he kept asking her to stop doing so. It was going well at the start until the Complainant received texts from her ex-boyfriend’s daughter. Mr. Tait called the Complainant a “slut” and she slapped him in the face.

[80] On the night of April 7, 2018, Mr. Tait and the Complainant argued but he does not recall what they argued about. Her jewelry box was against the wall and he does not recall how that happened. He recalls the flowerpot incident. It was dark and he was walking towards the entrance way which is just over six feet wide. Mr. Tait bumped into the shelf and the flowerpot fell to the floor. It was a complete accident which took place in the dark. There was not a table there because if there was, the shelf and the flowerpot would have fallen onto the table and the damage would have been greater. Mr. Tait does not recall what he said to Mr. Grianti or if he apologized to the Complainant.

[81] On May 28, 2018, Mr. Tait went to his friend’s place. The Complainant cut up his clothes and covered them with body wash. They were worth about $300. He was angry at the Complainant because of what she had done to his clothes. They had words and he threw her key into the bush. He wanted his stuff back the next morning. He went to her house and knocked at her door. Mr. Tait tried to call the Complainant because there was no answer. She eventually answered his call and told him that his roller blades were gone. Mr. Tait does not believe that she put his roller blades to the curb. The police officers came at one point and he asked them to get his roller blades back from the Complainant. The police officers looked inside and in her garage and they came out without them. The police officers told Mr. Tait to cut his losses and drove him to the train station. Mr. Tait returned to Belleville for the night. A few months later when they were back together, the Complainant pulled his roller blades out of her closet. Mr. Tait confronted her and asked if she had them there the whole and she replied “yes.” He told her “I thought you told police you gave them away” and she replied, “I did.”

[82] On June 5, 2018, Mr. Tait was in Belleville at his parents’ house with his sister. Police were called on them because he happened to say to the Complainant that he was with someone else. It was not another woman; it was just his sister.

[83] On June 28, 2018, Mr. Tait was in an all right mood when he arrived at the Complainant’s house. He knocked on her door and she let him in. Mr. Tait does not recall if they argued that day. He had had a few drinks, but he was not intoxicated. They went into the basement. At that time, the Complainant was wearing a Blue Jays long pyjama shirt and a robe. She was not wearing any pants or underwear. The Complainant sat on the couch and he sat on the couch next to her side. He recalls leaning over and kissing her on the lips, but he did not use his tongue. At first, Mr. Tait said that they started to fool around, and he put his hand up her robe and took the initiative to put his hand into her vagina. During cross-examination, he said that they were not making out. Mr. Tait did not ask for her permission to do this and he assumed with the kiss they had that this was where they were going, and this is normally what happened. She said nothing and did not push him back or swat at him. The Complainant did not touch his cheek or touch his penis.

[84] Mr. Tait testified that in her bedroom and on the couch downstairs, he would often kiss the Complainant and put his fingers inside her vagina. This went on for a little while. He recalls there was not much said during this time. During cross-examination, Mr. Tait could not remember if the Complainant was wearing a robe. He went upstairs and went outside in the dark and smoked out front. He threw his cigarette butt in her driveway and he picked it up afterwards. When he extinguishes his cigarette, he twists it and then steps on it.

[85] With respect to the air let out of the Complainant’s tires, Mr. Tait says it would be very hard for him to stick his finger into the tire valve. He does not have fingernails and does not have small fingers. Mr. Tait agrees that there are many ways to deflate a tire. Mr. Tait went back into the house and had sex with the Complainant in her bedroom and fell asleep. He does not recall admitting to the Complainant that he let the air out of her tires. This is not possible. The Complainant spoke to him about her tires being low. She confronted him about it many times.

[86] Mr. Tait still actually speaks to his ex-girlfriend TE. The Complainant started a fight with him when she saw he was speaking to TE. Mr. Tait blocked TE on Facebook to show the Complainant that there was no threat there with TE. They fought throughout the day.

[87] On August 9, 2018, the Complainant told Mr. Tait she was going to leave him. He told her that she did not know how much he loved her. When he told her “I really loved u”, he was telling her goodbye. Mr. Tait sent a screen shot to the Complainant in which he had written to a friend that he had “tried to take too many pills last night”. Mr. Tait wrote a suicide note at 7:09 p.m. In the note, he wrote “she made me want to kill myself and this is it.” He was telling the Complainant that it would be her fault if he ended up dead. However, Mr. Tait was on the fence about committing suicide. He responded to the Complainant, “too late [emoji] I am gone I hope this makes you happy.” He agrees it could be taken that when he said this, he was “telling her I hope the fact I will harm or kill myself makes you happy.” Mr. Tait also sent a photograph of a pill bottle to the Complainant. At first, he was really thinking about committing suicide, and then when he wrote the suicide note about his children, he decided that he could not be away from them.

[88] At trial, Mr. Tait agreed that he was causing the Complainant fear of the possibility of living with guilt over his death. Mr. Tait was also telling the Complainant that he had nothing to live for if she did not return to him. He was very hurt. He wanted to be in a relationship with her and at one point, he wanted to marry her.

[89] At 7:11 p.m., the Complainant wrote to Mr. Tait that she was going to call the police and he responded that it was time to stop calling the police. The Complainant responded, “you just send a suicide note to me.” She was taking his threat seriously. Mr. Tait agreed that anyone reading the note would think that she was responsible for his suicide because she broke his heart. Mr. Tait did not write to the Complainant to tell her that he had changed his mind and was not going to commit suicide.

[90] Police officers went to Mr. Tait’s home while he was on the porch drinking beer. There were four empty beer bottles there. Mr. Tait does not feel like he is an alcoholic. It was embarrassing for the police officers to go to his door. Mr. Tait does not recall telling the police officers that he has three children and he never thought of suicide. This was not honest because he has thought of suicide because of his depression. Mr. Tait agreed during cross-examination that some of his actions could be used as emotionally abusive tactics.

[91] On August 29, 2018, there was a lot of fighting about TE and T between Mr. Tait and the Complainant throughout the day when he was a work. He was upset that she kept bringing them up. At that time, Mr. Tait worked as an arborist. After work, he got dropped off and he walked ten minutes to the Complainant’s house. He smelled like trees and he did not shower before going to the Complainant’s house. At 5:42 p.m., he showed up in her backyard with a 12-pack of beer. He drank beer between 5:42 p.m. and 8:41 p.m. He was not aggressive because he drank beer. During this time, he was fixated on her answering his question because he wanted to know what was going on in their relationship. He repeatedly asked her to answer the question. The Complainant wrote to Mr. Tait that she did not want to argue over text. He told her that her actions “fucking hurts.” She came out quite a few times and they were texting each other back and forth. Mr. Tait was not intoxicated because he drank five to six beers over three hours. He does not believe that drinking this beer made it harder for him to control his emotions or impacted his impulse control and his ability to make decisions.

[92] When the Complainant asked him if he was smoking marijuana, he said no because he would not be that disrespectful around her daughter. Mr. Tait was there to try to fix things with the Complainant. In the texts, he was not being aggressive with her; this is just how he speaks because he works in construction. He was very upset and had some anger towards her because he found out that she was sleeping with someone else. The Complainant had drunk wine and she was not hammered at this point. However, after she put her daughter to bed, she indulged more. Since she drank a lot of wine, it was hard for him to tell if she was inebriated. He thinks that she had a good buzz on but was not completely hammered.

[93] When the Complainant went into the house, he went in with her. They talked a lot about T for a while and he was upset but not angry. When the argument calmed down, they went upstairs to her bedroom. Mr. Tait did not shower and had consensual make up sex with the Complainant and he is unsure how long it lasted. Afterwards, she went into the washroom. When she came out, the Complainant told Mr. Tait that she met Rocky on Tinder and had sex with him. Mr. Tait is pretty sure the Complainant told him a couple of weeks before this that she had slept with someone else. They argued and things were said that should not have been said. He was unhappy and a bit angry about what she said to him. Mr. Tait regrets how he spoke to the Complainant that night and they both should have apologized to each other about how they spoke to each other. He agrees that hearing about Rocky drove him over the edge. It would upset any normal man. At this point, Mr. Tait and the Complainant were together on and off. They then went downstairs; he went first and she was right behind him. Mr. Tait told the Complainant “have fun with Matty or John.” They got into another argument and she asked him to leave. Mr. Tait got into a cab and went back home. He brought his six beers with him and had a drink when he arrived home.

[94] They then texted each other, but he is not sure when they stopped texting. They were arguing back and forth. They argued right into the next day and night. He was arrogant, rude and ignorant in his texts to her during this time.

[95] On August 30, 2018, the Complainant texted him that she had blacked out. He was “spitting” things out in his text and told her that she was hammered the night before. At the trial, he did not think that the Complainant was hammered; instead, he thought that she had a good buzz on. She was slurring her words a little bit and she was “googley” eyed but she seemed to be walking fine. That evening, the Complainant may have had a small limp.

[96] Mr. Tait understood what the Complainant was telling him in the texts between them during the evening of August 29 and into August 30, 2018. He did not know what the Complainant meant by “you fucking assisted me” so he responded “what?” Mr. Tait understood when she texted him “You just fucked me like I was nothing. While I was crying and saying no”, “You think it’s okay what you did last night Ian?”, and “You think what you did was okay last night? You think getting angry at me and putting your hands around my neck was ok? Or pushing me on my bed and taking my pants off while I said no was ok? How about you fucking me when I was crying and saying I didn’t want to. You think that’s all ok?! How about you answer that.” Mr. Tait understood the Complainant was telling him he had just raped her. He did not respond to say that never happened. Despite this being a serious allegation, he responded, “I won’t ever touch you again [Complainant]” and “Did you suck his dick pls tell me that.” In particular, Mr. Tait did not respond to her allegations about him raping her because he sensed the Complainant wanted him to incriminate himself. Even if he answered her, he thought that she would keep coming up to him with accusations about something he did not do. For example, Mr. Tait said that the Complainant never stopped asking him about the tires.

[97] In Mr. Tait’s text at 12:46 p.m. on August 30, 2018, he said, “you fucked a random guy named John.” He is sure, however, that when the Complainant told him about it, she named the guy Rocky. He agrees that he was fixated about this other man. He was not happy, and it made him angry that she told him the guy “ate her pussy” and “made her squirt.” Mr. Tait sent to the Complainant a message saying “I will never touch you again” because they were fighting and arguing about him finding out that she was sleeping with someone else. He cared for and loved her, but he said this out of anger. Mr. Tait regrets being rude and ignorant at times. He said things he should not have said. It was not just about sex between them; it was about them being together. At this point, Mr. Tait was very much in love with the Complainant and he was heartbroken that she had slept with someone else.

[98] With regards to Mr. Tait’s message to the Complainant at 1:14 p.m. on August 30, 2018, when he wrote “Are you fucking kidding me I’m a damn good man who wanted to be with you just fucking you and you pushed me away”, he is not good with grammar and there should have been a comma after “fucking you.” At 4:07 p.m., when he said “you wouldn’t let me go down on you. You wouldn’t have sex”, this stemmed from weeks before when things were strained between them. Mr. Tait had asked to go down on her, and she said “no” and they did not have sex at that point.

[99] Mr. Tait did not believe the Complainant when she told him later in the evening that it was not true. He continued to badger her about this and was angry with her.

[100] On August 30, 2018, Mr. Tait texted the Complainant to ask her for his saw and for her to drop it off at his home. He also went to see his friends later that night.

[101] Mr. Tait denied admitting to the Complainant later in 2018 that he had raped her.

[102] At one point, the Complainant called Mr. Tait and told him that she was going to call the Ottawa Police Service. He asked her many times why she would do that and ruin his life.

[103] Afterwards, Mr. Tait wanted to get along with the Complainant and wanted to make what they had work out. Counselling was the last resort for them, but they never ended up attending because he could not afford it. Maybe their relationship would have worked out if they went to counselling. He thinks it may have been in October 2018 after he turned himself into the police station on October 4, 2018. At times, the Complainant told Mr. Tait that he had anger problems. He does not feel like an overly angry person, but he would go see someone to make it work with her. He agreed and said that he would go see if he could get some help, but he did not really look into it.

[104] Mr. Tait still loved the Complainant, but it was getting hard. At that point, their relationship was ending. They were “kind of apart” and Mr. Tait moved from Kanata to Vanier with a friend at the start of 2019. They argued a lot and he thought time apart would be better for them. After February 2019, Mr. Tait met his wife. In February/March 2019, his relationship with the Complainant was over. He still received messages from the Complainant up to May 29, 2019.

[105] After Mr. Tait turned himself in on October 4, 2018, he and the Complainant created alternative social media accounts on Facebook. He was Saw Mill and she was Casey Megan. They did so because of his release conditions, and they wanted to make sure he did not breach them. From October 2018 to April 2019, they remained in a romantic relationship and he cared for her. When Mr. Tait said in his Affidavit that they were no longer romantic during that period of time, it could be seen as untrue.

[106] Mr. Tait knew the identity of Casey Megan after they created the fake Facebook accounts. However, on March 6, 2020, he was unsure whether it was the Complainant who was writing to him as Casey Megan and that is why he wrote “who is this?”

[107] Mr. Tait suffered from depression in the earlier years of his life. In 2016, he went into rehab in Guelph, Ontario, for 35 days for his addiction to cocaine. He is proud to say that he completed his rehab. However, he still fought depression for many years and had to take pills for his depression. With regards to his threat to harm himself, he said he was not feeling himself and went to the doctor and took pills.

[108] In preparation for his application as part of this trial, Mr. Tait provided his Affidavit sworn on December 22, 2020. In his Affidavit, he stated that he was no longer in a romantic relationship with the Complainant from October 2018 to April 2019. During that time, however, they had sex and the relationship was heading downhill. He had moved to Vanier. After October 2018, Mr. Tait and the Complainant continued to be in a relationship seeing each other on and off. They continued to be in frequent contract during that time.

[109] During his relationship with the Complainant, Mr. Tait did not use different emotional tactics to control her. He agreed during cross-examination that if used in the right way, a threat of suicide could be a prime example of the tactic of emotional abuse and someone could hold another person emotionally hostage with such a threat. This is especially true if someone is not intending to commit suicide.

[110] Mr. Tait agrees that he has drank too much at times.

[111] Mr. Tait is being polite and respectful in court and trying to refrain from cursing and not to be arrogant to the court since that would be disrespectful.

Exhibits

[112] In addition to the oral evidence, 18 exhibits were tendered into evidence:

• Information for Self-represented Accused which I provided to Mr. Tait;

• Photographs of: damage to the Complainant’s wall; shelf cabinet with damaged flowerpot; tire valve cap; and a cigarette butt;

• Photograph of empty pill bottles;

• Numerous text messages between Mr. Tait and the Complainant;

• Facebook messages from Casey Megan;

• Facebook messages from the Complainant;

• Facebook messages of Ian Douglas and Saw Mill;

• Facebook messages between the Complainant and Barb Tait;

• Screenshot of Mr. Tait’s suicide note of August 9, 2018;

• Centre for Forensic Sciences Biology Reports dated October 29, 2018 and March 5, 201 9; and

• Mr. Tait’s Notice of Application of Records pursuant to ss. 278.93 and 278.94 of the Code including Mr. Tait’s Affidavit sworn on December 22, 2020.

Analysis

Applicable Law

[113] In our justice system, an accused person is presumed innocent until proven guilty. The Crown bears the burden of proving the criminal offences charged beyond a reasonable doubt. If a judge has a reasonable doubt about whether or not the accused committed a criminal offence, the accused must be acquitted. If after considering the whole of the evidence, I think Mr. Tait is probably or likely guilty, I must acquit him (R v. Starr, 2000 SCC 40, [2000] 2 SCR 144).

[114] I will start with a review of the applicable case law in this matter as well as general principles. During this trial, there were contradictory versions of events presented in Mr. Tait’s testimony and the Complainant’s testimony. Consequently, I must evaluate the evidence as per the instructions at p. 758 of R. v. W.(D.), 1991 CanLII 93 (SCC), [1991] 1 S.C.R. 742:

First, if you believe the evidence of the accused, obviously you must acquit.

Second, if you do not believe the testimony of the accused but you are left in reasonable doubt by it, you must acquit.

Third, even if you are not left in doubt by the evidence of the accused, you must ask yourself whether, on the basis of the evidence which you do accept, you are convinced beyond a reasonable doubt by that evidence of the guilt of the accused.

[115] The court can accept all, a part, or none of a witness’ evidence. Inconsistencies do not automatically lead the court to dismiss the witness’ evidence. Even if there are inconsistencies in the evidence, the court can accept the witness’ evidence to be convinced of guilt beyond a reasonable doubt.

[116] Credibility and reliability are distinct. In R. v. Morrissey (1995), 1995 CanLII 3498 (ON CA), 97 C.C.C. (3d) 193 (Ont. C.A.), at p. 205, Doherty J.A. clarified the distinction between these concepts:

Testimonial evidence can raise veracity and accuracy concerns. The former relate to the witness’s sincerity, that is his or her willingness to speak the truth as the witness believes it to be. The latter concerns relate to the actual accuracy of the witness’s testimony. The accuracy of a witness’s testimony involves considerations of the witness’s ability to accurately observe, recall and recount the events in issue. When one is concerned with a witness’s veracity, one speaks of the witness’s credibility. When one is concerned with the accuracy of a witness’s testimony, one speaks of the reliability of that testimony. Obviously a witness whose evidence on a point is not credible cannot give reliable evidence on that point. The evidence of a credible, that is honest witness, may, however, still be unreliable. In this case, both the credibility of the complainants and the reliability of their evidence were attacked on cross-examination.

[117] The accused does not have the burden of explaining the complaints against him: see R. v. S. (W.) (1994), 1994 CanLII 7208 (ON CA), 18 O.R. (3d) 509 (C.A.), leave to appeal refused, [1994] S.C.C.A. No. 290. In addition, the accused does not have the burden of showing that the complainant had a motive to fabricate evidence: see R. v. L.L., 2009 ONCA 413, 96 O.R. (3d) 412, at paras. 48 and 53.

[118] In R. v. B. (L.) (1993), 1993 CanLII 8508 (ON CA), 82 C.C.C. (3d) 189 (Ont. C.A.), the ground of appeal dealt with whether or not the trial judge erred in attributing to the appellant a motive to lie as a reason for disbelieving his evidence. At p. 191, the Court of Appeal for Ontario allowed the appeal and concluded as follows:

The impugned passage in the trial judge’s reasons in this case, in my opinion, goes beyond the permissible consideration of the accused’s interest in being acquitted, as one factor to be taken into account when weighing his testimony. It falls into the impermissible assumption that the accused will lie to secure his acquittal, simply because, as an accused, his interest in the outcome dictates that course of action. This flies in the face of the presumption of innocence and creates an almost insurmountable disadvantage for the accused. The accused is obviously interested in being acquitted. In order to achieve that result he may have to testify to answer the case put forward by the prosecution. However, it cannot be assumed that the accused must lie in order to be acquitted, unless his guilt is no longer an open question. If the trial judge comes to the conclusion that the accused did not tell the truth in his evidence, the accused’s interest in securing his acquittal may be the most plausible explanation for the lie. The explanation for a lie, however, cannot be turned into an assumption that one will occur. [Emphasis added.]

[119] In R. v. Nimchuk (1977), 1977 CanLII 1930 (ON CA), 33 C.C.C. (2d) 209 (Ont. C.A.), the Court of Appeal concluded that the trial judge had committed an error when he found the accused guilty of fraud. The trial judge found that in order to acquit the accused, he had to conclude that the witness “framed him” which led to placing the burden of proof on the accused. The trial judge appeared to think that he was faced with a choice between two alternatives: either to accept the testimony of the accused and to conclude that the complainant had framed him, or to accept the complainant’s testimony, which required conviction. At p. 210, the Court of Appeal concluded that there was a third possibility: “[I]f a reasonable doubt existed, in view of the conflicting testimony, as to exactly where the truth of the matter lay, it would, of course, require an acquittal”.

[120] In the Court of Appeal’s decision in R. v. M. (A.W.), 1993 CarswellOnt 95 (C.A.), one of the grounds of appeal related to whether or not the trial judge failed to appreciate that he did not have an obligation to make a choice between believing the complainant or the appellant. The Court of Appeal concluded as follows, at para. 28:

Although a lack of motive to lay a false charge or give false evidence is a proper matter to be considered in determining the credibility of a person making the charge or giving the evidence, there is no burden on an accused to prove a motive or an explanation for a complainant making such a charge or giving such evidence. The reasons of the trial judge indicate that he was placing the burden on the appellant to prove that the complainant was attempting to falsely convict him, or in the words used in Nimchuk, supra, at p. 210, “framing him”. He erred in so doing. [Emphasis added.]

[121] In R. v. M. (J.), (February 26, 2018), Cornwall, 3911-998-16-C1018 (Ont. C.J.), Kinsella J. reviewed the fundamental principles. A criminal trial is not a credibility contest between the accused and the complainant: at para. 24. Justice Kinsella also reviewed W.(D.). and provided the following at para. 26:

The case of W.D. is essential in reinforcing the fundamental principle that an accused cannot be found guilty simply because the court prefers the evidence of the complainant. As noted by the Court of Appeal in R. v. O.M., 2014 ONCA 503, [2014] O.J. No. 3210:

It is elementary that a complainant’s credibility cannot be established by assuming the accused’s guilt. Nor can an accused’s evidence be rejected simply because the evidence of a complainant is accepted. W.(D.) precludes this “either/or” approach to the assessment of credibility. Instead, under the third step of W.(D.), the trial judge must ask whether, although she may not believe the accused’s evidence, a reasonable doubt arises on the whole of the evidence that she does accept (at para 42.).

[122] I am mindful of the following additional principles: shortcomings or inconsistencies that do not go to the core of a witness’ evidence do not necessarily impugn a witness’ testimony (R. v. R.A, 2017 ONCA 714).

[123] There are no inviolable rules as to how victims of trauma like sexual assault will behave (R. v. D.(D.) 2000 SCC 43, at paras. 65-66). A delay in disclosure, standing alone, will never give rise to an adverse inference of credibility against a complainant ((D.(D)) at para. 66).

[124] Victims of sexual assault are not necessarily likely to report the acts and allegations of sexual assault, do not require corroboration.

[125] With regards to the issue of consent in a sexual assault matter, R. v. Ewanchuk, 1999 CanLII 711 (SCC), [1999] 1 S.C.R. 330, is important. The following passages from Ewanchuk are helpful regarding the issue of consent:

26 The absence of consent, however, is subjective and determined by reference to the complainant’s subjective internal state of mind towards the touching, at the time it occurred.

36 To be legally effective, consent must be freely given. Therefore, even if the complainant consented, or her conduct raises a reasonable doubt about her non-consent, circumstances may arise which call into question what factors prompted her apparent consent. The Code defines a series of conditions under which the law will deem an absence of consent in cases of assault, notwithstanding the complainant’s ostensible consent or participation. As enumerated in s. 265(3), these include submission by reason of force, fear, threats, fraud or the exercise of authority, and codify the longstanding common law rule that consent given under fear or duress is ineffective.

[126] In addition, the following passage from R. v. M. (M.L.), 1994 CanLII 77 (SCC), [1994] 2 S.C.R. 3, at p. 4, is also helpful regarding the issue of consent:

The Court of Appeal allowed the appeal from conviction on the ground that the decision of the trial judge was unreasonable and could not be supported by the evidence. In our opinion, taking into account all of the circumstances including the evidence of the complainant which was accepted by the trial judge, we are of the view that there was evidence upon which a jury, properly instructed and acting judicially, could reasonably convict. The trial judge was in the same position. The majority of the Court of Appeal was in error in holding that a victim is required to offer some minimal word or gesture of objection and that lack of resistance must be equated with consent. [Emphasis added.]

[127] I turn to the specific charges against Mr. Tait and I will review the essential elements required for the offences. With regard to the s. 430(4) of the Code (counts #1 and #2 – mischief), in order to find Mr. Tait guilty, the Crown must prove each of the following essential elements of the offence beyond a reasonable doubt:

1. there was damage done to the property as alleged;

2. the property belonged to the Complainant;

3. the damage was done wilfully or recklessly;

4. the manner in which damage occurred; and

5. the state of property before and after the damage.

[128] With regard to the s. 271 of the Code (counts #3, #4 and #5 – sexual assault), in order to find Mr. Tait guilty, the Crown must prove each of the following essential elements of the offence beyond a reasonable doubt:

1. Mr. Tait touched the Complainant directly or indirectly;

2. the touching by Mr. Tait was intentional;

3. the touching by Mr. Tait took place in circumstances of a sexual nature;

4. the Complainant did not consent to the sexual activity in question; and

5. Mr. Tait knew that the Complainant did not consent to the sexual activity in question.

Assessment of the Evidence

[129] I begin with the evidence of the accused, Mr. Tait. There were internal and external inconsistencies in his evidence. These issues relate to the credibility of his evidence. He lied about a number of things in this trial, including the Facebook account and the self harming issue, where he was confronted with texts establishing he lied. He lied to the Complainant. Further, on his own evidence, he was frequently consuming alcohol during the relevant time frames, which relates to the reliability of his evidence. I do not accept his evidence, nor does it leave me in a doubt. However, when I consider the evidence, as I am required to do, within the context of the whole of the evidence, I find I am left with a reasonable doubt as it relates to the sexual assaults. I am not to choose which story I believe, if I were to do that, I would be reversing the burden of proof.

[130] When I consider the evidence which I do believe, I am left in a state of doubt, for the following reasons. The Complainant’s memory was choppy and sometimes blocked. This deprived the court of relevant evidence which would have been of assistance. For example, the Complainant indicated she could not recall whether she let Mr. Tait into the house or not. Further, I was troubled by the fact that the Complainant was willing to lie to the police about the roller blades. While this may seem like an inconsequential lie, the police were at her house actively looking for the roller blades. I have a concern that the Complainant was willing to willfully lie to the police, while knowing that they were actively involved in searching for the roller blades. Further, while the Complainant may have felt rushed, there was no evidence that the police hurried her, or put any pressure on her to hurry up and finish her statement. I accept that a Complainant may disclose a sexual assault at any time, and that there is no established timeline, victims may disclose a sexual assault at any time, they may delay, and they may never disclose. However, I do not find on this evidence, that the Complainant did not mention the June 28, 2018 sexual assault as she felt pressured to hurry. The Complainant also lied to Mr. Tait on more than one occasion. As I indicated, he lied to her as well. They were both motivated by jealousy and lied to each other by acting on that jealousy.

[131] Furthermore, I am not here to judge Mr. Tait and the Complainant’s relationship or whether Mr. Tait was a good or bad boyfriend. I have to look at the overall relationship and the dynamics of their relationship when considering the overall evidence. There was also a good deal of discreditable conduct evidence which emerged in this trial. I do not rely on it to establish that Mr. Tait was the type of person who would be likely to commit a sexual assault because he used cocaine, drank too much, was unfaithful, manipulated her, and called the Complainant nasty names.

[132] I find that the texts between Mr. Tait and the Complainant are very concerning. On the one hand, they confirm the turmoil in their relationship. They show Mr. Tait as an angry man. At times, Mr. Tait gave the Complainant guilt trips and made it seem like everything was her fault. He even went so far as to send her a suicide note on August 9, 2018, blaming her for his future suicide. Mr. Tait also sent the Complainant the following text on August 9, 2018 between 7:09 p.m. and 7:14 p.m.: “Do you really want to break me? I don’t think you understand how much I love you”. She replied, “I’ve already told you” and he replies: “Wow I really loved you Goodbye then [Complainant]. I hope Jeff or Kiel makes you happy maybe Matt is the one. I loved you so hard. I want to puke [throwing up emoji] over you. I’ve never been hurt like this. I mean never Fucking hearts beyond smashed and will never be the same I really thought you were the one That’s the truth.” Mr. Tait then sent a screen shot to the Complainant of a conversation between him and his friend in which he said: “Tried to take too many pills last night bud Pushing the end ….” When his friend asked Mr. Tait was okay, he responded “No bud.” The Complainant is worried and writes to Mr. Tait, “I hope he can help you”. Later he responded: “[thumbs up] Bye Never check in I’m gone Goodbye I hope this makes you happy.” Afterwards, he also sent her a photograph of two empty pill bottles with their caps off. These texts show how Mr. Tait manipulated the Complainant.

[133] On the other hand, the texts also reveal the Complainant to be fixated with the other women in Mr. Tait’s life. These other women upset her and made her jealous. She also kept close tabs on Mr. Tait. Sometime in March 2018, Mr. Tait gave the Complainant his passwords. By looking through his account, the Complainant found out that Mr. Tait was out partying in Ottawa. She told Mr. Tait that if he did not get up soon and return to her house, she would cut up his clothes and she did so. She then called police. I find that the Complainant calling the police was motivated by her anger at Mr. Tait about his partying. In cutting up his clothes, she demonstrated she was jealous enough to destroy his property. The Complainant also lied to police, as indicated, about not having Mr. Tait’s roller blades.

[134] After the incidents on August 29, 2018, both Mr. Tait and the Complainant were taunting each other about other people. This is further evidence that Mr. Tait and the Complainant were both motivated by jealousy and willing to act on that motivation.

[135] Mr. Tait argues that the Complainant brought forward these complaints against him because, she was frustrated with him. The evidence in this trial establishes that fact. He lied to her about other women, he had affairs with other women and at times he did not uphold his word. When the Complainant filled out her police statement, a police officer asked her if she had ever been sexually assaulted by Mr. Tait in the past. She replied “no”. She only told Detective Brown about this other alleged sexual assault during her police interview. Furthermore, the Complainant wrote to Mr. Tait at 7:46 a.m. on August 30, 2018 “At least you got laid last night.” She explained that she felt he got laid and she got raped. However, that is not what she wrote in the text. There is a difference between getting “laid” and being sexually assaulted. I do not accept her explanation for why she texted the phrase “at least you got laid last night.”

[136] The Crown cited Broad J.’s decision in R. v. Nobbs, 2020 ONSC 5345, to support its position that Mr. Tait should have responded to the Complainant’s texts about her accusations that he sexually assaulted her. In Nobbs, there were texts as in this case. The court found, at para. 142, that Mr. Nobbs could reasonably be expected to reply to the accusatory statements that were made by the Complainant and his silence permitted the court to infer that he assented to the accusations: “In my view the circumstances of the text exchange were such that the accused could reasonably have been expected to reply to the accusatory statements made by Ms. Robinson and that his silence permits the court to draw an inference that he assented to the accusations.”

[137] In this matter, Mr. Tait testified that he knew and understood the Complainant was alleging he sexually assaulted her. It was his evidence that he did not want to answer to her allegations because he felt the Complainant was trying to have him incriminate himself for something he did not do. He cited the example with the car tires. The Complainant asked him about this continually and he feared it would be the same as her latest allegations. This is post offence conduct. I find that Mr. Tait’s explanation for why he did not respond to the accusatory text to be an equally consistent reason for staying silent. It was a reasonable thing for him to do in the circumstances. I draw no negative inference from his silence.

[138] With regards to the broken flowerpot, Mr. A.G. testified he heard a loud bang and when he went to see what caused that noise, he saw Mr. Tait picking up the pieces of the flowerpot. He asked Mr. Tait if everything was all right. Mr. Tait replied, “yeah it is fine.” This corroborates the Complainant’s evidence that Mr. Tait had turned the flowerpot the other way around to hide that it was broken. The photograph of the broken flowerpot corroborates the Complainant’s version of events. I reject Mr. Tait’s evidence that this was an accident on his part.

[139] Mr. Tait’s evidence regarding the incidents of April 7, 2018 is very limited. He does not deny that he damaged the Complainant’s wall; he simply says he cannot remember.

Conclusion

[140] I find with regards to the charges under s. 430(4) (counts #1 and #2 – mischief), the Crown has met its burden and proven beyond a reasonable doubt that Mr. Tait is guilty of these counts. I find that there was damage done to the wall and flowerpot as alleged, these items of property belonged to the Complainant, Mr. Tait willfully out of anger damaged the wall and flowerpot out of anger, he threw the Complainant’s jewelry box against her bedroom wall which caused it damage and hit the flowerpot causing it to fall and break.

[141] I find with regards to the charges under s. 271 of the Code (counts #3, #4 and #5 - sexual assault), I find that the Crown has not met its burden and proven beyond a reasonable doubt that Mr. Tait is guilty these charges.

Justice M. O’Bonsawin

Released: June 11, 2021

APPENDIX “A”

August 29, 2018[^1]

T: 5:42 p.m. – I’m in your back yard

T: 6:18: p.m. – Is there any point of me being here

C: 6:19 – you’re the one outside

T: 6:20-6:21 – Just answer the question It’s simple do you want to work on us and quite this or walk away I’m tired of not having more then a week of good nights and days. I’m trying sooo fucking hard to be in your life along with [C’s daughter]. I’ve been trying in every way to show this. Not hiding anything

C: 6:23 p.m. – I’m not doing this over text. You want to stay outside fine. I told you to come in

T: 6:23-6:24 p.m – I’m not arguing in front of your daughter I won’t

C: 6:24-6:31 p.m. – Then don’t argue So your gonna stay outside then? ?

C: 7:13 p.m. – I smell weed Are you smoking a joint

T: 7:13 p.m. – No sorry I wouldn’t be that disrespectful around you daughter

C: 7:13 p.m. – I’m not talking about this over text

T: 7:14 p.m. – Answer my question and stop beating around the bush I’m serious

C: 7:14 p.m. – When you want to talk face to face- I’m here.

T: 7:15 p.m. – Answer my question pls I answer yours

C: 7:15 p.m. - I’m not doing this over text.

T: 7:15 p.m. – Whatever then

C: 7:15 p.m. – I’m sorry but it’s a bit of a serious conversation

T: 7:21 p.m. – [screen shot of C’s Instagram page not showing that she is in a relationship with T] Yeah that didn’t hurt. Everything you put up shows I’m not in your life and I don’t expect different Fucking hurts

C: 7:23 p.m. – That hurts? Try being repeatedly cheated on and given an std! Then lied about it and accused for it. Tell me that hurts

T: 7:26 p.m. – Should I leave

C: 7:27-7:29 p.m. – Your the one sitting outside Real nice actually Why even bother coming here if your just going to sit outside and ignore us

C: 7:30 p.m. – And you get mad when you know your in the wrong

T: 7:32 p.m. – Fine you can’t answer what I’ve asked 10 times so I get the point we aren’t together If that makes you happy then fine

C: 7:33 p.m. – Again/ not having this conversation over text

T: 10:48 p.m. - Glad you’re happy now. Enjoy.

C: 10:49 p.m. – Thanks. You too [broken heart emoji].

T: 10:50 p.m. – Yeah sorry I was with you and loved you. All I wanted was you and [C’s daughter] for the rest of my life. Life you said you slept with another guy and are sex wasn’t great.

C: 11:00 p.m. – I’m done. I can’t do this.

T: 11:00 p.m. – Hey if sex was that good you squirted don’t let me hold you back.

C: 11:03 p.m. – I’ve got to go to bed. I’ve got an ultrasound tomorrow.

T: 11:05 p.m. – No worries ill delete your number and you can go to him. Just glad he makes you happy.

C: 11:06 p.m. - I got to get some sleep. I’ve got an ultrasound tomorrow and a busy day.

T: 11:10 p.m. – Whatever [C’s name] I care about you and [C’s daughter] and you so keep going, call your man tonight may you’ll get your pussy eaten.

C: 11:14 p.m. – I hate you.

T: 11:15 p.m. – Yeah I don’t want to eat you pussy again after what you said. I am nothing right. He fucked you good and I can’t eat it like him. I’m nothing.

C: 11:15-11:17 p.m. – I honestly hate you. Leave me alone. Enjoy your sluts.

T: 11:47 p.m. – You broke me tonight saying you want nothing Goodnight and don’t care

C: 11:48 p.m. – You just fucked me like I was nothing. While I was crying and saying no So don’t you date tell me I broke you

T: 11:50 p.m. - I won’t ever touch you again [C’s name]

C: 11:50 pm. - Prob going to pick up some blow

T: 11:50 p.m. – Good for you

C: 11:51 p.m. – I meant you

T: 11:51-11:52 p.m. – Nope sorry I’m at home but good luck picking it uo. I won’t ever touch you again. Good luck

C: 11:52 p.m. – Lol I’m lying in my bed with my daughter. I’m good thanks

August 30, 2018

C: 12:09 a.m. – You blocked my number

T: 6:35 a.m. – Yeah I do have a heart a big one that was all about you

T: 6:52 a.m. – And no your number wasn’t blocked I’m not about to do that. Anyway like you said you had a man 2 weeks ago in your bed and last night you didn’t even want to touch me so yeah…..anyway enjoy your new.

C: 6:57 a.m. – You were never all about me. You’ve proved that

C: 7:11 a.m. – No you never cared. It was so easy for you every time to just write another girl

C: 7:20 a.m. – I told you I wasn’t talking to anyone.

T: 7:20 a.m. – Enjoy and have a great life [C’s name]. I truly loved you and cared. He’s probably beside you now so I won’t bother you. Actually wanted it all with you that’s why I came last night but hey as long as your happy

C: 7:20 a.m. – It was a fuck. That’s it. I didn’t give him my number. I didn’t ask for his

T: 7:20-7:23 a.m. – Have a good life Funny how last night after you said it wasn’t true and now it is [5 thumbs up emojis] Did you suck his dick? And was it in your bed? Tell me what day it was

C: 7:23 a.m. – Sucks eh. Felling like I touched another man. I didn’t remember telling you I lied about it. I pretty much blacked out last night

T: 7:24 a.m. – Yep you did and yeah glad his dick felt good for you You made me feel so fucking horrible I regretted everything I ever did to hurt you. I really did and you don’t care you fucked another man at all eh? Was it in your bed? And did you suck his dick???

C: 7:26-7:27 a.m. - Ian I liked to piss you off. I never fucked anyone There is no “guy”

T: 7:27 a.m. – screen shot of texts between 7:20-7:23 a.m.

C: 7:28 a.m. – I was lying! Ok. Bye

T: 7:29 a.m. – Nah now I know it’s true with the bye and how easy you can say it. And sorry the truth comes out when your drunk and like you said you blacked out so much be the truth. Was he worth it?

C: 7:30 a.m. – Fuck you.

T: 7:39 a.m. – screen shot of texts between 7:20-7:23 a.m.

C: 7:41 a.m. – Whatever Ian. I don’t feel bad. I made up the entire story.

T: 7:41 a.m. – Nope you didn’t you said it drunk and again this morning

C: 7:42-7:43 a.m. – Whatever. I’m not going to go over this again. Believe what you want. I know my truth.

C: 7:46 a.m. – At least you got laid last night. Hope you enjoyed that.

T: 7:46 a.m. – I’m sure you will after the other night. I’m not even made anymore. Atleast you told me the truth about getting your pussy eaten and the sex was great Yeah last night was real great

C: 7:53 a.m. – You got off. What do you care.

C: 7:55 a.m. – I’m about to drive [C’s daughter] to daycare then I have my ultrasound

T: 7:55-7:56 a.m. – No arguing here. I’m happy for you that you fucked a random guy and it was great Atleast tell me if you sucked his dick? Pls would you

C: 7:57 a.m. – No way. The entire story is made up Ian. Jesus. Enough

T: 8:13 a.m. – Alright block my number and I’ll do the same. I actually thought you wanted something but this makes sense now. You didn’t want to sleep with me or go down on you and it’s the same timeframe as when you said you slept with this random guy Anyway hope he works out for you.

C: 8:15 a.m. – I didn’t block you I’m using text Not iMesssage

C: 9:18 a.m. – You think it’s okay what you did last night Ian?

T: 9:37 a.m. - Numbers not blocked Doesn’t matter though

C: 9:40 a.m. – Doesn’t matter?

C: 10:00 a.m. – Alright.

C: 11:07 a.m. - You think what you did was okay last night? You think getting angry at me and putting your hands around my neck was ok? Or pushing me on my bed and taking my pants off while I said no was ok? How about you fucking me when I was crying and saying I didn’t want to. You think that’s all ok?! How about you answer that

T: 11:55 a.m. – screen shot of conversation from 7:20-7:23 a.m.

C: 12:05 p.m. – [throwing up emoji]

C: 12:37-12:38 p.m. - Fuck you Enjoy Your disgusting. I knew all along. And last night you practically raped me. Hope you burn in hell

T: 12:41 p.m. - You went and told me some random guy at your pussy does that make you happy

C: 12:42-12:44 - are you kidding me?! So because I said that, you thought it was okay to fuck me while I was crying and saying no

T: 12:44 p.m. – Did you suck his dick pls tell me that

C: 12:44 p.m. – To pull off my pants while I said no! Answer me!!! Do you think that’s okay ?!?!

T: 12:45 p.m. - Did you suck his dick pls tell me I want an answer

C: 12:45 p.m. – There is no guy!!! Leave me alone. Seriously. I never thought you would do that to me

T: 12:46 p.m. – You told me you fucked a random guy named John he ate your pussy and you liked it Said it was a great fuck

C: 12:47-12:49 p.m. – So because I said that- you think it’s okay with what you did You fucking assisted me Ian.

T: 12:52-12:53 p.m. – I what? What the hell are you talking about

C: 12:54 p.m. – Did you not fuck me as I was crying and saying no.

T: 12:57 p.m. - This is how you want things eh

C: 12:57 p.m. – Are you kidding me.

T: 12:57 p.m. – Did you enjoy telling me you slept with another man and he ate your pussy

C: 12:58 p.m. – Fuck you

T: 12:58 p.m. – Why can’t you answer that

C: 12:58 p.m. – I said it to piss you off. To hurt you.

T: 12:58 p.m. – Tell me the truth about this guy

C: 12:58 p.m. – Because you did it.

T: 12:59 p.m. – I regret every time I ever caused you pain. I didn’t say to you it was good Is this how you want things answer me that

C: 1:00 p.m. – I knew it.

T: 1:00-1:01 p.m. – Knew what This is what you want [C’s name]? You want it over for good?

C: 1:02 p.m. – I fucking knew it. Added her to Snapchat too. And here you told me you only ever used it for [T’s daughter B]. Lies! You uploaded selfies all over it for your little girls to see. You wrote her the day you went fishing. And actually called her babe too. Said you think your in love when she sent you the fishing pic

T: 1:02 p.m. – Will that make you happy? I did everything I could to try and be in your life and [C’s daughter]. Every night was good

C: 1:02 p.m. – Your such a horrible man. It’s over for good this time. I’ve said it many times before but it’s done. Especially after last night too

T: 1:02 p.m. – Nope I never spoke to her when I went fishing at all

C: 1:02 p.m. – I never want to see you again

C: 1:04 p.m. – Meanwhile you were pushing her to meet up so bad. No Ian. I lied. I wanted you to know what it feels like knowing you touched other women. Your not heartbroken. You don’t have a heart. I honestly believe that now

C: 1:06-1:07 p.m. – Fuck you You were completely serious last night and also said it again this morning It was just a fuck you said Yeah I have a heard. A fucking big one that was yours and wanted a full life with you but really doesn’t mean anything now I put everything I had into trying to be your man

C: 1:10 p.m. – I hope forcing sex on me last night was good for you. I hope watching me cry and say no made you happy. I’m done. I’m tired of constantly finding out your lies and seeing who you really are. I deserve much better.

T: 1:12-1:28 p.m. – Are you fucking kidding me I’m a damn good man who wanted to be with you just fucking you and you pushed me away Does that make you happy [C]? Does all of this make you happy? I never had anything with that fucking [T] girl as much as she says. I told you the truth about speaking to her and nothing ever happened What’s fucking sad is the fact that I wanted you. None of this shit had to happen. For a week things were perfect and could have stayed that way but you fucking snapped You went and fucked someone else which I could have gotten past eventually and spent the rest of my life with you I cared about you that fucking much Don’t reply and have it your way

C: 3:28 p.m. – Do you think what you did last night was ok?!?!?!

T: 3:50 p.m. – Nope not crazy Yep words don’t mean shit [C] and I was proving to be a stay at home man who would do anything for his woman And sleeping with another man would upset anyone ant to top it off saying you squirted from him eating your pissy Pussy

C: 3:51 p.m. – I said exactly what I knew would bother you.

T: 3:51 p.m. – Yep and I believe all of it

C: 4:03 p.m. – I lied. I don’t care what you say. I lied to hurt you.

T: 4:06 p.m. – I’m done hearing you say I didn’t. Every time we broke up I don’t want to and the last one was not needed. This one wasn’t needed

T: 4:07 p.m. – I am believing that’s exactly what you did makes complete sense of why you wouldn’t let me go down on you. You wouldn’t have sex

C: 4:07 p.m. – This time again you lied. Tried to make plans with another women. Ni Ian. I didn’t want to have sex because of what you’ve done to me. That’s why. Because you disgust me.

C: 4:09 – I liked to piss you off. Then you practically assaulted me. I lied about the details. Fuck off seriously

T: 4:11 p.m. – I doubt that. You were hammered and spilling your gust out that’s why I believe it

C: 4:12 p.m. – Go fuck your self.

T: 4:15 p.m. – Thanks for the love [C]. As much as you keep saying I didn’t love you I always did and this actually meant something to me. Like I said I would’ve stayed beside you even after you slept with that guy

T 5:55 p.m. – Say whatever you want about me I don’t really care. I know in my heart that I would have came home to you every night. Like tonight getting supplies for a deck and spending the weekend building it together

C: 5:55 p.m. – Bullshit

C: 6:49-7:02 p.m. – You are the biggest liar I ever met. I will drop off your stuff on your step later. You said you were gonna go out after. Well where are you going Ian. I think that’s fair to ask. I know your still not working so don’t lie to me.

T: 7:03 p.m. – Do no drop it off on my step I do not want it stolen

C: 7:06-7:10 p.m. – It will be on your step Thanks for lying to me. Hope you have a great night. I’m DONE with you. Don’t ever and I mean ever talk to me again. [screen shot of T writing to a friend “I’d fucking like to go out tonight”]

August 31, 2018

T: 11:47 a.m. – Despite what you think I do love you and feel completely heartbroken

September 1, 2018

T: 4:20 p.m. – I would like my mitre saw and Scotty’s drill and you will never hear from again I will move on

APPENDIX “B”

Mr. Tait’s suicide note of August 9, 2018

To who this may concern I’ve been broken, hurt and beaten down. [The C] was the love of my life and never cared to be in it. I wanted a full life with her and she never cared. She made me want to kill myself and this si it. I have nothing left to live for. I’m broken and can’t be fixed. Tonight I will be taking my own life because there’s nothing left. Never been so hurt to this point where I want to die. I love you mom and dad and my kids the most. L you’re the most amazing athlete kid I’m ever met. Your strong but stronger than me. D you have the most amazing talent with games and computers. Your one of a kind and you need to keep that up buddy. B your my angel and always will be. I’ll always be in your heart no matter what

Goodbye to all

[^1]: I will refer to the Complainant as “C” and Mr. Tait as “T” during this text exchange.