A client of our firm was charged with causing mischief under $5000 to a motor vehicle (Sec. 430 (1) a) (4) b) of the Criminal Code). After separating from his ex-wife, she decided without colour of right to keep the motor vehicle that belonged to our client.
In fact, during their life together, the vehicle had been put under the name of our client’s ex-wife, since he had unpaid fines and therefore couldn’t administratively put the vehicle in his own name. On the other hand, the evidence demonstrated that our client paid for insurance and repairs to the vehicle during their life together. In addition, we entered the sales contract for the motor vehicle into evidence, which showed that it had been purchased by our client. Under Section 429 (2) and 429 (3) (b) CCC, a person who damages property that belongs to them or in which they have a total interest may only be found guilty if they caused the destruction or damage with intent to defraud. However, our client broke the windows of his own vehicle at his ex-wife’s home since he was frustrated that she kept the vehicle without right. Our client was therefore acquitted of the charge.