Courthouse: Ontario Court of Justice, Hamilton
Counsel: Gelasia Giff
Date of Judgment: September 2nd, 2026
Charges
- Assault x1
- Mischief under $5,000 x1
Background
Mr. W was charged with one count of Assault and one count of Mischief under $5,000. The charges stemmed from two separate incidents. The first incident involved Mr. W getting into an argument with his pregnant girlfriend who was under distress and claimed that she was dragged by her shoulders through the hallway of Mr. W’s house while children and other parties were present in the home. The complainant also alleged that Mr. W broke the toilet seat in the bathroom during the initial part of this confrontation.
The second incident stemmed from his girlfriend alleging that 6 months earlier Mr. W had smashed her phone after claiming she had been unfaithful. This led to a historical charge of mischief. The crown was seeking 60 days custody plus probation.
The Issue
There were credibility and reliability concerns as the complainant had changed her version about the events a couple times in her original statement to police. The complainant became very unsure about whether Mr. W had actually dragged her through the hallway and how the assault exactly occurred. As well, other people that were at the house during the time of the incident claimed they did not see the altercation.
The police alleged to have seen the broken toilet seat as described by the complainant but no official pictures were taken at the scene. There was no confirmed way to show that the toilet seat was broken because of the altercation. Mr. W firmly denied breaking it during the incident and that the toilet was broken prior for a different reason.
There was also no proof that Mr. W had broken her phone.
The Strategy
Have a discussion with the Crown attorney to discuss the clear triable issues present in the case, including the fact that the complainant had sent messages to Mr. W claiming that he did nothing wrong during the confrontation. After a discussion with the Crown about those issues and the complainant’s input, the Crown was willing to accept a resolution for a 12-month common-law peace bond.
Result
Mr. W was given a 12-month common-law peace bond and his criminal charges were withdrawn.