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ARTICLE · 23 APRIL 2021

Potentially Fake App Messages Result In Appeal From Firebombing Conviction

Gardiner Roberts LLP
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We have previously addressed the concerns of a civil court judge about the perils of having to deal with "fake news" in the form of spoofed emails and electronic documents.

CanadaLitigation, Mediation & Arbitration

We have previously addressed the concerns of a civil court judge about the perils of having to deal with "fake news" in the form of spoofed emails and electronic documents. The Ontario Court of Appeal has addressed similar concerns as to the unreliability of electronic text messages and app messaging services which may be manipulated to appear to have been sent from someone when they were not. The failure of a trial judge to consider such issues led to the successful appeal for a man convicted of firebombing the home of a former friend who was having a relationship with his ex-wife: R. v. Aslami, 2021 ONCA 249.

Prior to the firebombing, the appellant had discovered that his recently-separated wife had commenced a sexual relationship with his friend (S.F.) as a way of hurting him. The appellant's wife ensured that he learned of the relationship when, the day after the sexual encounter, and shortly before the firebombing occurred, she sent the appellant a picture of

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