2014 February 25

R v. Simoes, 2014 ONCA 144

The Ontario Court of Appeal dismissed an appeal from a conviction and sentence for two counts of defamatory libel. The Appeal Court noted in its ruling: “E-mails inviting sexual activity were sent to the complainant’s employer from fake e-mail accounts set up in the complainant’s name. The same sexually explicit message was posted on an adult cyber-dating website. That posting also included the complainant’s photo.” “This was a circumstantial case. The similarity of the writing style and language of the defamatory communications to that of the appellant’s final e-mail … was only one of several factors that led the trial judge to conclude that the appellant had sent or posted the defamatory communications. The trial judge did not err in noting the observable similarity in writing style and language, or by failing to expressly caution herself as she made that observation.” “The few persons (including the appellant’s husband) who were aware of the complainant’s complaints and could have accessed the appellant’s computer testified that they did not do so. Further, the evidence of the manager of one of the restaurants was that, apart from the appellant, no one … had any malice towards the complainant. The trial judge’s conclusion that the Crown had proven beyond a reasonable doubt that the appellant created and sent the defamatory communications is amply supported by the record and was reasonably reached.“