JW was in a short relationship with the complainant before they broke up. After a few months, the two decided to rekindle their relationship, and JW invited the complainant to his apartment.
Once there, the two started drinking. Unbeknownst to JW, the complainant had a drinking problem. After several shots of tequila, the complainant acted aggressively toward JW in a belittling manner. JW told the complainant to leave, but instead of departing, she started throwing things and hit JW multiple times.
JW had to physically restrain the complainant a couple of times to stop her from damaging his apartment and hurting himself. The complainant promised JW that she would calm down and leave; however, when JW released her, she dashed into his washroom and caused significant damage before finally leaving the apartment.
Once outside, the complainant called security, who then called the police. JW was charged with assault. After a four-day trial, Jake highlighted several inconsistencies in the complainant’s testimony. The trial judge agreed that insincerity was a signature feature of the complainant’s testimony and ruled that JW’s actions were for the purpose of self-defence and justified under s. 34 of the Criminal Code.