SELECTED CASE LAW
In 2011 ONCJ 14, Mr. P was charged with assault, breaching an undertaking and making harassing phone calls. He pleaded not guilty. Mr. P was separated from his wife, Ms. P. Ms. P said that Mr. P had assaulted her during a dispute. Mr. P said he only applied force in self-defence. He was arrested with an undertaking not to contact Ms. P. He called his ex-wife several times and she did not answer. He left a voicemail. He denied that his intention was to harass or annoy.
The court found that Mr. P had not been properly served the undertaking but was aware that he was under an undertaking not to contact his ex-wife when he made the call. He was not guilty of the assault and harassing phone calls but was found guilty of the breach of undertaking.
Criminal Offence(s): Harassing Communications