R. v. Hill, 2023 ONCJ 116

WARNING The court hearing this matter directs that the following notice be attached to the file: A non-publication and non-broadcast order in this proceeding has been issued under subsection 486.4(1) of the Criminal Code . This subsection and subsection 486.6(1) of the Criminal Code , which is concerned with the consequence of failure to comply with an order made under subsection 486.4(1) , read as follows: 486.4 Order restricting publication — sexual offences. —

(1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of (

a) any of the following offences: (

i) an offence under

section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or (ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (

i) if it occurred on or after that day; or (

b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a) .

(2) MANDATORY ORDER ON APPLICATION — In proceedings in respect of the offences referred to in paragraph (1)(

a) or ( b ), the presiding judge or justice shall (

a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and (

b) on application made by the victim, the prosecutor or any such witness, make the order. . . . 486.6 OFFENCE —

(1) Every person who fails to comply with an order made under subsection 486.4(1) , (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on

summary conviction. ONTARIO COURT OF JUSTICE CITATION: R. v. Hill, 2023 ONCJ 116 DATE: March 3, 2023 COURT FILE No.: Central East Region: Oshawa Courthouse File #20-DV22782 BETWEEN: HIS MAJESTY THE KING Respondent — AND — ALLAN HILL

Applicant Before Justice Peter C. West Trial Evidence Heard on September 7, 8, 9, 12, 13, 28, 2022 Oral Submissions Heard on November 14, 15, and 21, 2022 Reasons for Judgment Dated March 3, 2023 Ms. M. Allan................................................................... counsel for the Crown Mr. M. Capotosto.................................... counsel for the defendant, Allan Hill WEST J.: Introduction [1] On December 7, 2020, Allan Hill was arrested and charged with the following charges: 1.

Between the 1st day of March 2020 to 31st day of March 2020, at the City of Oshawa in the Central East Region Allan Hill didcommit a sexual assault on JG; 2. Between the 1st day of March 2020 to 31st day of March 2020, at the City of Oshawa in the Central East Region Allan Hill didcommit an assault on JG; 3. Between the 1st day of March 2020 to 31st day of March 2020, at the City of Oshawa in the Central East Region Allan Hill didcommit an assault on JG; 4. On or about the 8th day of May 2020, at the City of Oshawa in the Central East Region Allan Hill did commit a sexual assault on JH;and 5.

On or about the 16th day of November 2020, at the Municipality of Clarington in the Central East Region Allan Hill did commit asexual assault on AS. [2] The trial proper commenced on September 7, 2022, and the Crown called the three complainants, J.G., J.H. and A.S. aswitnesses. Allan Hill testified on his own behalf. The main issues in the trial were whether the sexual contact alleged occurred and, if itdid, whether it was non-consensual.

Central to my decision is my assessment of the honesty and reliability of the complainants’ and theDefendant’s testimony. [3] Most of the first day was spent dealing with the Crown’s application pursuant to s. 715(1) and s. 486.2(2) of the Criminal Codeto permit the three complainants to testify by video having regard to two of the complainants moving away from the RegionalMunicipality of Durham and the third complainant providing a doctor’s letter detailing mental health issues. I allowed those applicationsafter hearing oral submissions and considering counsel’s written factums.

JG commenced her evidence after the afternoon recess. At thecompletion of the complainants’ evidence on September 13, 2022, Allan Hill completed his testimony in-chief and cross-examinationwas adjourned to September 14, 2022, due to illness of the Crown. Unfortunately, Mr. Hill was ill on September 14 and his cross-examination was adjourned to September 28, 2022, where his evidence was completed.

Oral submissions were adjourned to November14 and 15, 2022, but could not be completed on November 15, the trial was completed on November 21, 2022. [4] I delivered my written reasons for judgment respecting the Crown’s Similar Fact Application [R. v. Hill, 2023 ONCJ 115] onFebruary 17, 2023, allowing the application. These are my reasons for judgment respecting Allan Hill’s trial on the five charges set outabove. The Law Relating to R. v. W. (D.) [5] As in any criminal case, Allan Hill is presumed innocent until proven guilty.

I have reminded myself that I need not firmlybelieve or disbelieve any witness and that I can accept all, some or none of a witness’ testimony. I have also reminded myself that theCrown must prove the essential elements of the offence beyond a reasonable doubt, as this term has been defined and explained by theSupreme Court of Canada in R. v. W.(D.) (1991), (SCC), 63 C.C.C. (3d) 397 (S.C.C.). Proof of a probability of guiltdoes not amount to proof of guilt beyond a reasonable doubt.

Proof of guilt to a near certainty is required in criminal proceedings. [6] The onus remains on the Crown to prove L.P.’s guilt beyond a reasonable doubt throughout this trial. A reasonable doubt is adoubt based on reason and common sense, one that arises logically from the whole of the evidence or absence of evidence. I recognizethat the rule of reasonable doubt applies to the issue of credibility. Accordingly, I must acquit the defendant if I accept his evidence or if

it raises a reasonable doubt after considering it in the context of the evidence as a whole. If I reject his evidence, or it does not leave mewith a reasonable doubt, I must go on to ask whether the evidence that I do accept convinces me of the guilt of the defendant beyond areasonable doubt. [7] The W.(D.) analysis was synthesized for trial judges sitting alone in R. v. Dinardo, 2008 SCC 24 , [2008] 1 S.C.R. 788,at para. 23: The majority rightly stated that there is nothing sacrosanct about the formula set out in W.(D.).

Indeed, as Chamberland J.A. himselfacknowledged in his dissenting reasons, the assessment of credibility will not always lend itself to the adoption of the three distinct stepssuggested in W.(D.); it will depend on the context (para. 112). What matters is that the substance of the W.(D.) instruction be respected.In a case that turns on credibility, such as this one, the trial judge must direct his or her mind to the decisive question of whether theaccused's evidence, considered in the context of the evidence as a whole, raises a reasonable doubt as to his guilt.

Put differently, the trialjudge must consider whether the evidence as a whole establishes the accused's guilt beyond a reasonable doubt. In my view, thesubstantive concerns with the trial judge's decision in this case can better be dealt with under the rubric of the sufficiency of his reasonsfor judgment. [8] A determination of guilt or innocence must not, however, devolve into a mere credibility contest between two witnesses. Such anapproach erodes the operation of the presumption of innocence and the assigned standard of persuasion of proof beyond a reasonabledoubt: W.(D.) supra, at 409 per Cory J.; Avetsyan v.

The Queen (2000), 2000 SCC 56 , 149 C.C.C. (3d) 77 (S.C.C.) at paras.20-22, per Major J. [9] As the Ontario Court of Appeal in R. v. Hull, [2006] O.J. No 311 at para 5 noted: W.(D.) and other authorities prohibit triers of fact from treating the standard of proof as a credibility contest.

Put another way, theyprohibit the trier of fact from concluding that the standard of proof has been met simply because the trier of fact prefers the evidence ofCrown witnesses to that of defence witnesses. [10] I must assess the evidence of the complainant and the defendant in light of the totality of the evidence, which includes andpermits comparing and contrasting the evidence of those witnesses, other witnesses and the exhibits.

The Court of Appeal in Hullcontinued: However, such authorities do not prohibit the trier of fact from assessing an accused’s testimony in light of the whole evidence, includingthe testimony of the complainant, and in so doing comparing the evidence of the witnesses. On the contrary, triers of fact have a positiveduty to carry out such an assessment recognizing that one possible outcome of the assessment is that the trier of fact may be left with areasonable doubt concerning the guilt of the accused. [11] Proof beyond a reasonable doubt means what it says.

There is thus nothing illogical in rejecting the defendant’s evidence but stillnot being sufficiently satisfied by the complainant’s evidence to find that the case has been proven. A state of uncertainty at a trial likethis, where the court has heard conflicting versions from the defendant and the complainants, is not uncommon. Ultimately, if I have areasonable doubt on the whole of the case that arises from the evidence of the Crown witnesses, the evidence of the accused or theevidence of any other defence witness, or the absence of evidence, the charge must be dismissed: Lifchus, supra.

Position of the Parties [12] It is the defence position that I should not accept the evidence of the three complainants because of their strong animus towardsMr. Hill and their motive to lie. With respect to JG, Mr. Capotosto submits relationship ended because of incidents involving JG’s son, J.,and Mr. Hill’s son. There never was a slap, Mr. Hill never called JG a whore in front of her son. Mr. Hill gave JG an ultimatum and shestarted packing her belongings. JG’s evidence respecting Mr. Hill contacting her and then coming to her apartment and forcing analintercourse is completely made up and fabricated. Mr.

Capotosto pointed to JG lying about what she the other two women told AllanHill did to them. In his submission this was a significant lie, which seriously affected her credibility. [13] The defence pointed to JG’s evidence as to the mechanics of the sexual assault being unbelievable. JG testified she could not getfree because Mr. Hill’s hand was on the back of her neck and he was just bending over her. She did not have even a bruise or a scratchdespite her struggling to get free.

She testified she had soreness and pain in her bum and neck yet she did not seek medical attention.These were all circumstances to consider in assessing her credibility. [14] Further Mr. Capotosto submitted JG’s delay in making a complaint to the police about Allan Hill and her explanation for whythat occurred did not make sense. JG testified she was afraid of Mr. Hill because he told her if she complained he would kill her yet whenJG went to Mr. Hill’s house with her friend just before she left she gave him the finger when he did not return the X-box.

The defencesubmitted this demonstrated that JG was not afraid of Allan Hill at all and JG made this up. [15] It was Mr. Capotosto’s submission that JH should not be believed because on her evidence she remained in Mr. Hill’s house fortwo days after she alleged her anally raped her. Mr. Capotosto argued this was not something someone would do after being sexuallyassaulted. JH told the police she had to get out yet she did not leave for two complete days. The defence submitted JH’s manner ofleaving makes no sense. It was Mr.

Capotosto’s position that JH stayed at the house because nothing happened in terms of Allan Hillsexually assaulting her. JH is a sophisticated professional women, it is difficult to believe she was truly afraid of Allan Hill but did notleave for two days. He argued if what JH said happened she would have found a way to leave when he was away at work or was asleep.Mr.

Hill’s explanation made more sense that he was the one who broke up with her because they were two different people and hewaited to Saturday morning as M. was there earlier. [16] Further, when JH sent Facebook texts (Exhibit 1) to Allan Hill’s ex-wife, she did not say anything about Mr. Hill forcing analintercourse on her. There was an inconsistency between her telling the police she told Michelle C. that Mr. Hill forced himself on her andthe fact this was not something she actually said in the text messages. Mr. Capotosto argued it was not plausible that Mr.

Hill wouldmove straight into anal sex with JH, his doing this right off the bat is not plausible. Mr. Capotosto also argued that there were differences

between her statement to police and her evidence in court respecting when Allan Hill first grabbed her by the back of her neck. JH had a belief that her relationship with Mr. Hill would amount to something and she was devasted when Allan Hill broke up with her. JH had bonded with Mr. Hill’s daughter. This is what created her animus towards Mr. Hill. [ 17 ] Mr. Capotosto also submitted the reason JH went to the police in May 2020, to complain about Allan Hill sometime after texting Michelle C. and was to seek a peace bond because of her concern for her personal safety from Mr. Hill. Mr.

Capotosto submitted this demonstrated there was no sexual assault because it did not happen and all JH was concerned about Mr. Hill’s erratic behaviour and trying to obtain a peace bond. [ 18 ] With respect to AS, the defence submitted that Allan Hill asked AS if she wanted to try anal and she told him to stick it in. Further, Mr. Capotosto argued that AS was upset with Mr. Hill the next day because of what he was saying about her in the text messages they were exchanging – how he was accusing her of yelling and screaming at her kids and him when she was not doing that. Mr.

Capotosto submitted this is what upset AS towards Mr. Hill, not what he did but what he said to her afterwards. Mr. Capotosto submitted that AS had animus towards Allan Hill as a result of the bad things he said to her. He argued that there were numerous areas of her evidence which was inconsistent with her statement to the police and that these negatively affected her credibility. [ 19 ] Finally, Mr. Capotosto submitted Allan Hill’s evidence should be accepted or at least raise a reasonable doubt. There was no sexual assault of either JG or JH.

The anal intercourse attempt with AS was consensual and he stopped as soon as she told him to. AS Mr. Capotosto argued the fact Allan Hill acknowledged this happened bolsters his credibility. [ 20 ] The Crown submitted all three sexual assault charges were proven beyond a reasonable doubt. All three complainants were credible, consistent witnesses and were not shaken at all respecting their evidence of Allan Hill forcing anal intercourse on each without their consent. [ 21 ] The Crown argued that JG did not lie when she testified none of the three women shared their stories concerning Allan Hill.

The evidence demonstrates that all three women knew Allan Hill had sexually assaulted each of them but they did not know specific details of what occurred. The Crown argued that JG was fair in her evidence, she did not embellish it or try to make it more serious. JG volunteered that she gave Allan Hill the finger when he did not return her son’s X-box when she went to his house with her friend. This does not demonstrate JG is not afraid of him. Ms. Allan submitted there was no reason for JG to bring a friend with her if nothing had happened. [ 22 ] With respect to JH, Ms.

Allan submitted the various steps JH took after Allan Hill sexually assaulted her demonstrate her fear of Allan Hill, that she is terrified of him. She got a new security system, spoke to her neighbours all of which were not challenged by the defence. She reached out to Allan Hill’s ex’s. Ms. Allan submitted her texts with Michelle C. corroborates her fear of Mr. Hill. The defence never put to JH these were only text messages between Michelle C. and her. JH testified she thought she told Michelle C. that Allan Hill had forced himself on her. Ms.

Allan asked if JH not sexually assaulted by Allan Hill and afraid of him why was her first question to JG, “Is he going to kill me?” [ 23 ] Ms. Allan submitted JH’s decision to stay a couple of days demonstrates she is the professional, sophisticated woman the defence said she was. She planned a safety plan to leave over a couple of days. This is consistent with someone who is bright. She tries to go to the police but police were in lockdown because of COVID. The defence argument of motive to lie makes no sense that JH had pinned all of her hopes and dreams on future with Allan Hill.

It was a 12 day relationship, which she thought might go somewhere but it did not. It was the Crown’s position it is ludicrous to think this educated, sophisticated woman would be so upset over breakup that she would be conspiring and colluding with the other women to make up sexual assault. The Crown argued the text, “You and your friend Steve are fucked”, was explained by JH as referring to the mistreatment of women. Steve had to know what kind of person Allan Hill was yet he set them up. The Crown argued that JH’s evidence was clear and consistent. [ 24 ] Mr. Hill said his breakup with JH was calm and civil.

No reason for her to be afraid of him. Mr. Hill testified he made no threats to JH, she was not upset with him, no arguments, there was nothing at all to explain JH’s intense fear of Allan Hill, which Ms. Allan submitted is corroborated by other witnesses. [ 25 ] Ms. Allan pointed out that AS gave her evidence in a straightforward, consistent manner. AS’s anger and upset over what Allan Hill did was palpable. She was clear and consistent throughout that initially it was consensual to not consensual. AS describes Mr. Hill conduct upon seeing JG at school, he panics and is afraid she will see him.

The Crown asks rhetorically, “Why was Allan Hill so worried about JG seeing him?”, because he knew he had sexually assaulted JG. He hid from JG because he did not want JG to say anything to AS about him. [ 26 ] Ms. Allan pointed to how AS ended up speaking to the police. She went to her pain management clinic and spoke to her doctor who then had her speak to Amelia, the nurse practitioner. AS asked a question and she broke down crying for a couple of hours. AS convinced to go to Lakeridge Hospital to provide a sexual assault kit.

The Crown submitted this flies in the face of a conspiracy or collusion between these three women. AS testified she had no intention of going to the police and was not challenged on this. The Crown argued the other women had been part of this Facebook group chat for several months and never went to the police. When the other two women heard that AS had gone to the police it gave them courage to do what AS had done. [ 27 ] Ms. Allan submitted the defence had it all wrong, AS was not saying it was bad what he said, it was bad what he did and what he said about it.

AS was upset that it was all her fault what he had done. [ 28 ] AS telling Amelia she was confused demonstrates in the Crown’s submission how credible AS is. When said it was consensual until it wasn’t she was referring to having consensual vaginal sex with a condom and when the condom was no longer there it was not consensual. When Allan Hill continued by having anal sex with AS, that was also definitely not consensual. AS was very clear on this. Finally, Ms. Allan argued that JG and JH had been meeting and talking on Facebook in this group chat for 7 months. No intention of going to the police.

They had moved on; the group was there for support. However, when they met AS they realized Mr. Hill was going to continue to engage in what happened to them with other women. When they first met AS they did not go to the police, only after AS

went to the police did they decide to go. They had known AS for only three days. The Crown submitted there was nothing in the evidence to support the notion they would lie to police and make up a story to get back at Allan Hill because of someone (AS) they first met three days before. Factual Background of the 3 Allegations of Sexual Assault [ 29 ] Resolution of the issues in this case requires that I first make assessments of credibility and determinations of fact.

In so doing, I must instruct myself to adhere carefully to the instructions of W.D. [ 30 ] The three complainants all dated Allan Hill during the period from December 2019 and November 2020 for differing periods of time. JG was involved in a relationship with Allan Hill from December 2019 until mid-March 2020. JH met Allan Hill at the end of April 2020 and they dated for approximately two weeks before the relationship ended. AS met Allan Hill in November 2020 and they dated for a period of approximately a week and a half. (

a) Evidence of JG [ 31 ] JG met Allan Hill on Plenty of Fish in December 2019. They initially communicated by text and email and first met on December 15, 2019. The relationship moved very quickly and she moved into his house at the beginning of January 2020. In the beginning, JG described it as a great relationship, very lovey dovey, and romantic. She kept her place (an apartment) but moved many of her belongings to his house, even her cat. Her son, J., who was ten years old, also stayed at Mr. Hill’s house when he was with JG. Early in their relationship Mr.

Hill introduced her to his daughter, M., who was also ten years old. [ 32 ] Mr. Hill drank alcohol every day, he would wake up in the morning and pour himself a coffee mug of vodka and would continue during the day. He used marijuana every day and JG found out a few weeks into the relationship that he also used cocaine. This was something she observed. He was a functional drinker in that he could still do activities and speak without difficulty but usually by noon he would become more belligerent.

She spoke to him about his drinking as he was also supposed to take mood stabilizers. [ 33 ] JG described two incidents of assaultive behaviour committed by Allan Hill, which are reflected in the two charges of assault he is facing. I have already addressed the factual background of those offences earlier in these reasons and decided whether the Crown had proven the charges beyond a reasonable doubt. Following the second assault in March 2020, JG packed up all of her belongings that she could, although Mr.

Hill would not let her take her son’s X-box, which had been the source of disagreements and arguments throughout their three months living together, put everything in her car and left his residence with her son. [ 34 ] She arranged to go back the next day and pick up belongings she had not taken and her son’s X-box. She went with a friend for safety. Mr. Hill had left her belongings outside on the deck but he did not leave the X-box. She asked him where the X-box was and he did not respond, he was just filming her and her friend with his phone.

She testified she gave him the middle finger at one point and then she and her friend left. [ 35 ] She and Mr. Hill continued to communicate by text after this and he said she had really fucked up and hurt him and M. She did not remember all of the texts they exchanged with each other. She agreed he could come over to her house the third week in March. He said he wanted to talk and she agreed to see if they could work things out and she wanted to know why he had hit her. [ 36 ] Mr. Hill came over and they kissed, which she testified was consensual.

When he came over they went into her bedroom as her son was there and he would have heard them talking if they stayed in the living room. Mr. Hill then said he was going to make her pay for what she had done to him and M. She thought what he meant the sex was going to be a bit rougher than normal and they would try to work things out. In cross she testified she believed they were likely going to have consensual vaginal sex and that was “fine as long as [they] could try to, at least, work things out or part amicably or get [her] stuff back.

Just try to end things on a good note.” He turned her around and bent her over her bed and grabbed her by the back of her neck. He then inserted his penis into her bum and he would not stop and get off of her, even though she told him repeatedly to stop what he was doing. She was wearing pajama pants with just an elastic waistband, no drawstring or buttons, they just pull up and pull down. He pulled her pajama pants down after he said he was going to make her pay for what she did. When he first started to put his penis into her anus she said to him, “No, don’t do that”, but he continued and penetrated her fully.

She told him, “No, please stop” at least 50 times when he was doing it. She just kept saying it over and over but he did not stop and he continued for 4 or 5 minutes, until he ejaculated. JG testified that Mr. Hill knew she was not into anal sex at all. While he was doing this he had his hand on the back of her neck burying her face into the bed. He was squeezing almost like he was strangling her from the back. She was squirming underneath him trying to get out but the way he was holding her neck was causing her pain.

When he ejaculated he said, “Now you’ve paid the price.” [ 37 ] JG testified in cross-examination that when he told her as they going into her basement apartment that he was going to make her pay for what she did to him and M. she assumed he was going to have sex with her. She agreed with Mr. Capotosto’s question that even after Mr. Hill had slapped her and they had broken up she was going to have consensual vaginal sex with him. Sex was fine as long as they were trying to work things out or part amicably or she would get her stuff back, just try to end on a good note.

His comment about making her pay was in the bedroom right before he took down her pajama pants. [ 38 ] Mr. Capotosto suggested that JG did not wear pajama pants to bed and JG told him she still did at age 38. Mr. Capotosto then said he understood she was a practicing nudist and JG said, Not with my son in the house and, no, that is not part of my lifestyle anymore.” Mr. Capotosto continued to press this line of questioning until I raised with him that he had not brought a s. 276 application despite other applications he had brought pursuant to s. 276 and s. 278 provisions.

The questioning did not go further and Mr. Capotosto, I believe, recognized his error. [ 39 ] After Mr. Hill had ejaculated he said JG had paid the price. He then stayed for a while and was rubbing JG’s hair because she was crying. He asked if she wanted him to stay and she told him she did not want him there when J. woke up. She testified she didn’t want him to stay because she was scared and in pain. Mr. Hill was acting like nothing at all had happened. She had bruising and soreness as a result of his sexual assault. He left at this point.

[ 40 ] The next day JG messaged Mr. Hill for her son’s X-box to be returned to her. The X-box meant the world to her son and it would cost a lot for her to replace it. He asked if that was all she cared about and at that point she decided there was no point communicating with him any further, so she did not respond to him and that was the last time they spoke. [ 41 ] In cross-examination JG agreed that many of the arguments that occurred between Mr. Hill and her were over her son’s behaviour. JG testified her son had mild ADHD and ODD, which he was diagnosed with.

He was not in a special class or a special education assistant dedicated to him and did not have accommodation at his school. His diagnosis was mild and he was not prescribed medication. Initially Mr. Hill and J. got along but Allan Hill had problems with her son’s behaviour. He did not think she disciplined her son strictly enough. He thought J. should be locked in his room for hours. Sometimes as punishment JG would take J.’s X-box away from him until he earned it back. Mr. Hill did not think he had earned it back. JG agreed this was a source of arguments between her and Mr.

Hill. [ 42 ] JG testified she was aware Mr. Hill had been prescribed mood stabilizer and something else. She told Mr. Capotosto it could have been Abilify but she was not sure. She gave him a reminder from her phone every day for 8:30. [ 43 ] JG described two incidents where Allan Hill assaulted her during their relationship together. The first incident involved Mr. Hill kneeing JG in her back when she was crouching down and cleaning up some dipping sauce that had spilled on the floor in the living room because he believed she had hurt his dog, a Chihuahua.

The second incident occurred when her son had come back to Mr. Hill’s house after spending time with his father and Mr. Hill was upset with JG and he told J. his mother was a whore. J. defended his mother and Mr. Hill left them and went into the garage. JG followed Mr. Hill into the garage and got upset and angry with Mr. Hill for saying what he did to her son, “What the fuck are you doing? You know we don’t do shit like that in front of the kids.” He came across the garage, said to her she was nothing but a whore and smacked her across her face, which caused a cut to her lip.

She bit her tongue but she said she did not blame that on Mr. Hill, this was her reaction when he hit her. As a result of this she decided to leave. Mr. Hill did not tell her to leave. It was when she was packing everything up that Mr. Hill took her son’s X-box and brought it into his daughter’s room. He said J. did not deserve it. [ 44 ] JG agreed with Mr. Capotosto that Mr. Hill may very well have given her an ultimatum that day that she needed to address J.’s issues, although she did not recall that. Mr. Hill had said this to her on multiple occasions. Mr.

Hill never said to her on the day he smacked her that if she did not address J.’s issues she had to leave. JG denied getting into an argument the day she left with Mr. Hill over her giving J. his X-box back. [ 45 ] JG denied that Allan Hill broke up with her on this day because of an argument over her son. Mr. Hill could have told her after he smacked her to pack up her stuff as this was happening frequently at that time. She was not upset the relationship was over, she was upset he had smacked her. She did grab her son’s X-box to bring it with her but Mr. Hill grabbed it from her and put it in M.’s room.

When Mr. Capotosto told JG she had not told the police that Mr. Hill took the X-box from her and kept it she said she probably didn’t because it did not seem to be relevant to the charges. (

b) Evidence of JH [ 46 ] JH dated Allan Hill from April 25 to May 8, 2020. She was introduced by Steve R., who was a mutual friend and he suggested she should meet his good friend, Allan Hill and he exchanged their phone numbers to each of them. JH had dated Steve once six years before and they realized it would not work but they remained friends. The exchange of numbers was a week before JH and Allen Hill first met on April 25, when she went to his home and made him dinner. [ 47 ] Initially they got along great as they had a lot in common, they were both single parents.

The relationship after the first date moved very quickly and intensely, as Mr. Hill pursued her, constantly sending her messages, they continued seeing each other. She was working from home and the COVID pandemic had started, so she did not really want to be going out to date and meet guys at that time. Mr. Hill suggested since she was working from home why didn’t she just bring her laptop and some belongings to his house and work from there. As a result, within two or three or four days of meeting she was staying at his house, working from his kitchen.

He was working nights at that point, a temporary arrangement but full-time hours. He would normally be awake at the start of her workday, she started at 8 a.m. so he would be there just off his night shift. He would usually be up until 9:30 to 10:00 a.m., when he would go to bed. [ 48 ] He had started talking to her about moving in with him as he was financially strained. He had worked for TTC but was let go and had taken jobs through an employment agency. Within six days of dating he was talking to her about moving in with him to share costs and combine their incomes.

She testified for her this was utter insanity as it was too quick, too soon. He was asking her to stay over at night and then to work from his house, as everybody was trying to stay in their bubbles because of COVID. [ 49 ] When she started living at his house she observed he was regularly consuming alcohol. This was within the first week of dating. She had gone with him to the LCBO on two occasions and he would purchase a 60 oz. bottle of vodka and it would be all gone in two or three days.

She questioned him about this whether it was atypical or typical behaviour for him, as if it was typical it would be a huge red flag for her. Mr. Hill became defensive as he did not see this as being an issue for him. He would mix the vodka with fruit juice. There was no one else drinking the vodka but him. He would drink in the morning and she believed he did this to take the edge off after working his night shift and he never seemed drunk or inebriated. He also consumed weed regularly and she tried it once with him but he would use it in the garage daily to get high.

She did not have any ongoing conversations about alcohol or marijuana as it did not seem to be a huge red flag. She believed he was a high functioning alcoholic. [ 50 ] Mr. Hill talked about his ex-girlfriends, JG and KW and talked about how they were both crazy. [ 51 ] Mr. Hill had a daughter M. who was ten years old. She met M. four or five days into the relationship. She believed this was very early but they hit it off and she was a precocious, bright child and very endearing. M. would ask her dad if JH could come over for dinner and have a sleepover.

There was a plan made for one day when JH would get to the house early to make dinner for everyone on a Wednesday, May 6, 2020, a week and a half into their relationship. When JH was about to leave her work she got called into an emergency meeting with the director of the company she worked for, which was in downtown Toronto. Mr. Hill kept calling her and saying why was she still at work because she was supposed to leave early. She described him becoming quite belligerent and hard to deal

with. She finally finished work and went to get in her car to drive to Oshawa. She saw the low oil indicator light was on. When she went to check the oil level she dropped the cap into the engine and was unable to retrieve it. When she called Mr. Hill to tell him what happened and sought his advice for what she should do, he started freaking out with her. [ 52 ] He told her she was not serious about their relationship, she didn’t love him, and she had ruined his day by making false promises to his daughter. He was trying to make her feel guilty for not leaving from her office earlier.

There was a big argument over this and she finally decided she could not get to Mr. Hill’s house in time for dinner so she was just going to go home to her place. He was very upset and she felt she was unable to negotiate a solution with him because of that. The next day he apologized to her and reached out to her to discuss what happened. She was supposed to have gone over to his house on the Wednesday night. Mr. Hill asked her to come to his house that day, which was Thursday, May 7. [ 53 ] She told him they had to discuss what had happened because his behaviour towards her was unacceptable.

It seemed like they could work this out by talking about it, so she went to his house in the morning. He was getting off his night shift and was doing his usual routine of having a couple of alcoholic drinks to unwind and seemed absolutely fine. She told him she had a meeting around 12 noon or 1 p.m. Eastern Standard Time with her work and he wanted to have sex prior to her meeting.

He was pestering her about this for about a half an hour and she was telling him she didn’t want to, it was unprofessional, but he was quite persistent so she agreed to have sex with him, which she believed would be vaginal intercourse. [ 54 ] They were in bed engaged in foreplay, everything seemed to be going okay and then he wanted to do it “doggie-style” from behind. She had told him they could have sex but it had to be quick because of her meeting, as she had to clean up afterwards.

So she got on all fours with him behind her and when they were in this position she noticed he was trying to penetrate her anally, which was not something they had agreed to before starting to have sex. [ 55 ] JH testified they had spoken of this previously, a day or two before, when they discussed boundaries about sex and what her comfort level was versus what he was interested in and she told him there would be no anal sex.

She told him maybe it might be something she would try in the future but there needed to be preparation and there needed to be mutual consent involved. [ 56 ] When he tried to penetrate her anally she immediately said “No”. He grabbed her by the back of her neck and pushed her head down into the pillow and she became really uncomfortable and she kept telling him no. When she said no he told her, “Shut the fuck up.” He continued to penetrate her anally, multiple times. She was able to flip over and face him and she said, “No, like whatever you’re doing right now it needs to discontinue and stop right now”.

It was like something triggered, there was a flicker in his eyes with a realization that she had said no and he was crossing a line. He got off and got dressed and then gave her a “look of disgust and pure filth” and he said she was a “sexual deviant” and she told him, “You think whatever you want but we’re not doing this.” [ 57 ] He did not have the full length of his penis in her anus, maybe an inch or two. She testified she said “no” clearly and that he had to stop. She had a bit of soreness and pain but not enough to have to seek medical attention.

She described feeling more shocked and dismayed, as someone she was beginning to trust and build a relationship with would cross that line. He called her a sexual deviant who liked to have rough sex and engage in other than normal sexual activities. [ 58 ] In cross JH testified when she first felt him trying to penetrate her anally she said no, this was not what they had agreed on. They had discussed this a few days before when they were both lying in bed and talking about sex and what their boundaries were and she told him she was not going to do anal.

She told him she was not saying never but there had to be provisions, there had to be agreement, it has to be consensual with conversation prior to trying it. Mr. Hill tried to put it in without any discussion with her. When she said, “No”, he told her to “Shut the fuck up” and then grabbed the back of her neck and pushed her face head first into a pillow. He tried to penetrate her multiple times. She was able to roll over and said to him, “What are you doing? This is not cool.

This is not what I want, you need to stop now.” He got up, got dressed, he was disgusted and told her she was “basically disgusting”, she should be ashamed of herself and called her a sexual deviant. She believed he said these things to her to turn it around and blame her. She denied making this up. [ 59 ] She had meetings to attend and he was asleep, so she continued working because he was not around. She stayed because she had brought dishes and personal belongings over earlier in their relationship when she made dinner and stayed over night. This occurred on Thursday and the next day was Friday.

She believed his daughter came over that day and Friday was his last night working so she stayed over to gather her belongings to make an exit the next day on Saturday because she no longer felt comfortable or safe being involved with him. [ 60 ] She was concerned about leaving on Thursday night because of how he could react given how upset he was from what happened on Wednesday and what he had done Thursday afternoon. She testified she was trying to formulate how to end this relationship without him throwing a tantrum and going ballistic. On Friday when Mr.

Hill went to work she looked after his daughter and was basically childcare for him. This was the last night she stayed. M. was not there the next morning when she left with her belongings so M.’s mom either got her Friday night or Saturday morning. [ 61 ] When she left it was very tense. He was awake still and had not yet gone to bed after he got home from work. He seemed off and very confrontational. She had decided she did not want him to come home to an empty house and then come chasing her down or he wouldn’t leave her alone. He was enraged, grasping the back of a chair as she was getting ready to leave.

He was also sweating profusely. After she left and got to her home she barred her doors and looked into getting a better home security system. She spoke to her neighbours to be on the lookout if Mr. Hill was to come around her place. She blocked Mr. Hill on social media and her phone. She also sent a Facebook message to his ex-wife to try to see if he had done anything abusive to her in the past. [ 62 ] JH was challenged in cross-examination as to why she did not leave on Thursday afternoon when Mr. Hill was sleeping, instead she stayed until Saturday morning.

JH agreed she did not leave because Allan Hill was so upset after he attempted to have anal intercourse with her and she told him to stop. JH testified he was pretty confrontational and she just wanted to make peace and not leave until she had formulated a plan on how to get out of his house safely and get her belongings out without there being an altercation. When Mr. Capotosto questioned JH’s failure to use the opportunity to leave when Mr. Hill went to sleep after he had attempted anal intercourse with her, JH said the following: “I didn’t.

I feared that if I had of start packing up my stuff that was in his house, it would probably

enrage him and I wasn’t sure how he would react….I stayed there [Thursday night] because I was fearful that if he had returned and realised that my things were missing, I wasn’t really sure how he would react.” [ 63 ] On Friday night she believed M. was there from three or four o’clock after she got out of school. JH decided to leave Saturday after Mr. Hill got home from work. She agreed she could have contacted the police after the incident to assist her but she did not. Earlier in their relationship she had found some medication bottles, one was for Abilify.

She had been suspecting there was something related to mental illness on his part. She has a psychology degree and she knew the medication was an anti-psychotic mood stabilizing drug. The bottle was half empty. She believed it was expired medication, which caused her to believe he was not taking his medication as prescribed. She had brought it up to him. [ 64 ] On Saturday morning she decided she was going to start packing up her belongings and tell him she was leaving. She wanted to establish a safe exit strategy to get out of his house so that he would not try to locate her after she left.

She agreed she started to think about formulating a plan to leave his house on the first evening. After she left he called her three or four times, when she was driving and at her home. When she tried to bring something up he would get upset, his tone of voice would escalate, he would agitated and hang up on her. She agreed on the Saturday, May 9, 2020, after this she contacted Mr. Hill’s ex-wife, Michelle C., only a few hours after leaving Allan Hill’s house. [1] She contacted JG the next day, May 10, because she did not believe Michelle C. was very interested in speaking to her.

After contacting JG, they both reached out to Mr. Hill’s ex-girlfriend, KW, and all three women spoke in a three way chat. JH also attempted in May to speak with the police about Mr. Hill but she did not pursue this because the police station was closed because of COVID protocols and she had also made contact with JG and KW and they had created a Facebook group chat, which she testified evolved into a support group. (

c) Evidence of AS [ 65 ] AS met Allan Hill on Plenty of Fish in November 2020.They exchanged phone numbers and began texting, emailing and talking to each other. Their first date, which she testified may have been on November 4, 2020, or somewhere around there, was meeting up with Mr. Allen and deciding he would take her for a motorcycle ride to Port Hope, although the defence pointed out she told the police it was Port Perry. AS indicated she always got those places mixed up and couldn’t remember exactly where they went. Mr.

Hill got her a sweater and a helmet and they drove on his motorcycle to the town, they had a coffee, talked a little bit and then he drove her home. [ 66 ] After meeting him that first time she went to his house on a weekend, met his daughter and then the next time he was at her house. She stayed over the first weekend at his house. She felt the relationship was very rushed, he wanted more than what she wanted as he was talking about the future, which she was not wanting at that time as she did not want to rush into things. [ 67 ] In cross AS testified that earlier on the day Mr.

Hill came to her house for dinner, he had picked her up from her doctor’s office, they were hanging out and then he drove her to pick up her son from his school. While they were there Mr. Hill all of a sudden slid down in the driver’s seat. AS asked him what he was doing and he said the woman on the sidewalk was JG, his ex-girlfriend, and he did not want her to see him. Mr. Hill had told AS about some of his ex-girlfriends and how they were crazy. AS’s son came out of the school and Mr. Hill drove him to AS’s home and picked up her daughter to go look at another apartment.

After looking at the apartment they went back to her place for dinner. [ 68 ] She had concerns early on about his drinking. Every time they were together she could smell alcohol on his breath. She would see him making drinks. He would become more loud, outgoing after he had been drinking. His drinking concerned her. The day he was at her house they were sitting in his car having a cigarette in the parking lot behind where she lived. She raised this concern with him. She told him she did not drink, and she as she would not tolerate somebody drinking.

She did not want to date an alcoholic; her ex-partner was an alcoholic so she told him she was not comfortable with his drinking or being around anyone who drinks. He got upset, raised his voice and asked what had he done wrong. She tried to tell him he had done nothing wrong but alcohol was a problem for her. They were arguing about this in his car for about a half an hour and the conversation got a little heated with Mr. Hill yelling at her. She tried to explain she had been in a long term relationship where her partner was an alcoholic and she could not tolerate somebody drinking.

He became very defensive, and aggressive in his tone of voice, saying he didn’t have a drinking problem but she told him every time they were together he was drinking. He finally calmed down and he had another cigarette and they reconciled to some extent. [ 69 ] Mr. Capotosto suggested there was no discussion between AS and Allan Hill in his car about his drinking. AS said that was incorrect because she did speak to him about his drinking. It was suggested that AS drinks occasionally because on this evening that Mr. Hill was at her place she had one or two drinks.

AS indicated that was incorrect as she did not drink alcohol. She lived with an alcoholic partner. She grew up in an alcoholic home and she does not drink or do drugs. AS was consistent on this issue throughout her evidence. [ 70 ] After their discussion about Mr. Hill’s drinking they went back inside her home and AS started to prepare dinner. They had dinner with her kids, watched a movie and then she put the kids to bed. [ 71 ] AS and Mr. Hill each showered after the kids went to bed. They then went into AS’s bedroom to have what she thought was to be vaginal intercourse.

They were having consensual sex when he suddenly asked her to pull out sex toys, which she told him she was not comfortable with. They had talked about this before but there was no discussion on this night. He got upset with that. She was cross- examined on this as well and she indicated they talked about it previously and she may have said she had some sex toys but she was not comfortable bringing them out then with him.

AS testified because of the previous incident at his place with the condom, when they were going to start having intercourse she watched him put the condom on. [ 72 ] They were having consensual vaginal intercourse and he flipped her onto her stomach and she asked him to stop for a minute because they had an accident at his house where the condom had come off and she did not want that to happen again. She testified she wanted to make sure the condom was still on. He pulled out a little bit and when she turned, she saw it was no longer there. She told him to stop. She asked where it was and Mr.

Hill told her what was the difference if they had an accident, it had come off before so why did one need to be used then. AS testified she consented to engaging in vaginal intercourse with Mr. Hill because he was going to be using a condom. [ 73 ] In cross Mr. Capotosto suggested they had started having vaginal intercourse with her on her stomach and she said that was

incorrect, it started with her on her back and then went the other way. It was also suggested she never saw there was no condom on Mr. Hill, which she said was also incorrect. It was still on when he flipped her over and when she asked him to check and she saw it was no longer on and she asked him where it was, Mr. Hill told her, “Well, what’s the difference if we had an accident before, why do I still need to use one?” She told him to stop because of this. [ 74 ] AS said at this point Mr.

Hill told her that he was “going to stick his dick in every hole in her body” and she told him “No, you’re not”, to which he proceeded to insert his penis into her anus. She asked him to stop but he pushed it in further. He said, “What the fuck is wrong with you” as he inserted it in farther and she asked him to stop again because it hurt. He continued to push it in further and she asked him a third time to stop. He finally pulled it out and she rolled over on the bed.

He was upset and said, “What the fuck is wrong with you because you don’t like to do anything I like to do?” AS explained to him she was not comfortable doing that and he kept asking her what the fuck was wrong with her because she didn’t like anything he likes to do. [ 75 ] AS described how she was shocked he would do that without consent and mad because it went from being consensual and they were getting along to something she was not comfortable with – one minute he was nice and then a totally different person the next.

She was upset because he did that without consent, and then he asked her “What the fuck was wrong with her” because she was uncomfortable with anal sex and then proceeded to just get up and get dressed and leave. He never asked her if he could engage in anal sex with her. There was no conversation as to whether she was willing to do that at all in that moment. When he got home he sent her a text which said, “Thanks.” She did not speak with him again after this. This happened late November 16 to early November 17, 2020.

He left her house around 1:00 and 1:30 a.m. [ 76 ] AS testified in chief and cross that she and Mr. Hill had discussed previously what they were each into and what they were not into but they had no such conversation about that on this night. She did not agree to anal sex. She denied they had discussed that night engaging in anal sex. They had discussed it previously and she told him she was not comfortable with anal sex. In cross she testified they had talked about things they were into but there was no agreement to do anal sex on that night. Mr.

Hill did not have any conversation with her about what he was going to do, he just did it. [ 77 ] AS told the police there is a difference between being tempted and saying yes to something sexual but she never said yes to Mr. Hill. She denied there was conversation with Mr. Hill before he stuck his penis in her anus. He just did it and didn’t stop when she asked him to stop. AS testified she never agreed to Allan Hill having anal intercourse with her.

AS made it very clear the only time she might have agreed to anal intercourse might have been after they had been seeing each other for some period of time, she might possibly be open to maybe trying new things but not in that moment. The moment she said stop he should have stopped, not put it in any further but he didn’t stop until she had told him to stop for the third time. [ 78 ] Mr. Capotosto put to AS that where she said there was a difference between being tempted and saying yes, in her police statement, she was suggesting that she was tempted. She responded: [2] Not in that moment, no.

Maybe if we were seeing each other down the line, I might be open to maybe possibly trying new things but, no, not in that moment. [ 79 ] AS said after Mr. Hill finished what he was doing and rolled off her and asked her, “What the fuck was wrong with you? You don’t like to do anything I like to do.” They got into an argument because of what he said to her. [3] AS: There is a difference between being tempted to do things and actually doing them. Q: Suggesting that you were tempted? AS: No, I was not tempted. I did not want to do that.

Q: But you – why would you say that… AS: And he started to and I asked him to stop, he should have stopped. The moment I said “Stop” he should’ve stopped not put it in further and then put it in further until, it couldn’t go any further. He should’ve stopped the first time when I said, “Don’t do that because it hurts, he should’ve stopped” not three times, first time. First time I asked him to stop he should’ve stopped not by the third time. Q. So I'm going to make some suggestions to you and, again, you don't have to agree with it, I'm just suggesting.

I'm suggesting that you were in the middle of that consensual vaginal sex. I'm going to suggest that Allan did not just pull his penis out of your vagina and put it in your ass without any conversation or without any warning? A. That's incorrect. Q. I'm going to suggest to you that just prior to that.... A. Well, I, I guess he said that he's going to stick his dick in every hole of my body, that was him suggesting that he's going to have sex with me anally.

I guess that was his way of telling me that he's going to have anal sex with me. [ 80 ] When AS gave this answer it was my view she was being sarcastic and she was saying that maybe Mr. Hill might have thought this was him asking her to do anal but she never said yes, she said no. AS made it very clear in cross-examination that she might very well be open to trying new things with someone she’s been dating long term but not after a week and not after she tells the person no.

Allan Hill never asked her if he could engage in anal intercourse with her and she never told Allan Hill to “stick it in.” She never agreed and it took her three times saying “No, stop” for him to stop and roll off of her. AS agreed they text messaged each other for a day or two after he left but in those messages she clearly told him what he had done wrong. [ 81 ] AS testified shortly after these events she went to her doctor’s office and spoke with “Amelia” the nurse practitioner.

It was my understanding that the defence and Crown had the medical file from this visit but neither party indicated when AS saw Amelia. It was

also my understanding that the sex assault kit from Lakeridge Health was also disclosed but again the date was never established by either party. [ 82 ] When AS testified the sex she had with Mr. Hill was consensual and then it was not, she was referring to the fact that initially they were having consensual vaginal intercourse, he flipped her over onto her stomach and she asked to see if the condom was still on because of the previous occasion when the condom had accidentally come off and he pulled out a bit, she looked behind, saw his condom was no longer on and she told him to stop.

He did not stop but said to her why did it matter if it was on or not when it had come off previously. This was when he made the comment about sticking his dick in every hole in her body and he then stuck his penis into her anus. She told him to stop three more times. Mr. Capotosto suggested that AS never told Amelia about Allan Hill engaging in anal sex with her without her consent. AS denied this and testified that Amelia got her to attend Lakeridge Hospital for a sexual assault kit to be conducted. Mr.

Capotosto advised he was going to call Amelia as a witness but it was not until the defence case was in motion that he advised me he was not calling the nurse practitioner as a witness. The defence is clearly not required to call any witness and I cannot draw any adverse inferences from the defence not calling a witness; however, the only evidence I have on this issue of what was said by AS to Amelia comes from AS. [ 83 ] In cross it was suggested by Mr. Capotosto to AS that Mr. Hill only touched her bum with his penis and when she said stop he did. AS said that was incorrect as Mr.

Hill kept putting his penis in her anus until she told him the third time to stop and he rolled over and made the comment to her. AS testified Mr. Hill never asked her if he could do anal and she never told him to stick it in. That did not happen. She never told Mr. Hill she wanted to continue having sex after he stopped forcing anal intercourse, that did not happen. After he said what the fuck is your problem that she did not want to do anything he liked to do he left her place. Mr. Capotosto tried to suggest to AS that she and Mr.

Hill had a lengthy argument after she repeatedly told him to stop and she responded: A. I did not ask Allan to continue having sex with me after he just inserted his penis into my anus after I asked him to stop and definitely not after he did that, rolled over and then asked me, what the fuck is wrong with me because I did not enjoy him having anal sex with me. Three times, it took me three times for him to stop. Q. But you continued arguing with him? A. No, he got off and left after he said those things. Q. I'm going to suggest that the time.... A.

I'm sorry, my -- I -- from what I can remember my exact words were, I don't know what kind of other girls you've been dating or allow you to do those things so quickly but I am not that girl. Maybe in the future if I was dating somebody and in a long term relationship I might be open to certain things, but not after a week and I did not agree to let him insert his penis into my anus and it took him three times to stop.

Took me three times to tell him to stop until he stopped and then rolled off of me, like he had done nothing wrong and then asked me what I -- what was wrong with me because I didn't want him doing those things to me. I was not comfortable with him doing those things to me. Three times, it took him. It took me three times for him to finally pull himself out. Q. I'm suggesting there was a long argument there at the end? A. There was not a long argument there, that was the argument and then he got dressed and left and messaged me when he got home saying thanks. Evidence of Allan Hill [ 84 ] Mr.

Hill described his relationship of three months with JG as great, it was a honeymoon relationship. There were never any incidents, it was fine. They were a perfect couple. There was a text from an ex-boyfriend (Richard) saying JG cheated on Mr. Hill with him and she could possibly have an STD. JG told Mr. Hill this was not true and he had her back 100 per cent. He believed it was not true. He disagreed that he made JG get tested and testified they both decided because it was a new relationship they should both get tested and they did. He never called her a whore at any time.

He never expressed any jealousy of her interacting with other gentlemen. [ 85 ] Mr. Hill said JG had her own place but was staying mostly with him at his house, 95 per cent of the time. He described her son, J., as being a very angry child. He had behavioural issues. He described a number of incidents involving J. and his daughter M., which led to significant issues between them. This is what caused him to give an ultimatum to JG that she either had to get her son help or it was over between them. [ 86 ] He testified their breakup occurred he believed on a weekend but he could not be certain of that.

He believed M. was at his house but cannot be certain. He denied ever taking her phone for a period of time. He said he confronted JG about her son, probably in the garage away from the kids. He testified J. had been diagnosed and was supposed to be on meds but he was not because she did not want this. He testified JG would take J.’s X-box when he misbehaved but then she would let him have again after only a half hour or hour. He gave her the ultimatum she had to get J. help or she can leave. She was not happy but said she would leave and started packing her stuff. [ 87 ] Mr.

Hill described JG as hostile, not vicious at the beginning, just upset and angry. It was a heartbreaking breakup. She did not want to leave but he gave her the ultimatum and she did not want to leave either but he could not have her son around his daughter. [ 88 ] He described the last thing that occurred was she grabbed her son’s X-box and Mr. Hill said to her, “I can’t believe that you would let this X-box destroy us” and she then said, “You want to see how much this X-box this means to me” and she smashed it on the ground in the hallway of his house and then she left.

He testified the next time he saw her was the next day or the day after when she came to his house with a friend demanding he give her the X-box. He told her she had smashed it and he threw it out. She and her friend were getting belligerent so he took out his phone and started recording their interaction. He testified unfortunately he did not have the videos. Mr. Hill also said that JG’s friend called the police while they were there on the front step. He was just video-taping them and they finally left in their car. When Mr.

Hill was asked what happened to his video he said when he was arrested the police took his phone and when it was returned three months later a lot of stuff had been erased, including this video he had taken.

[ 89 ] Mr. Hill denied there ever was an occasion he went to JG’s place after the breakup and then tried to penetrate her anally. In cross-examination Mr. Hill denied the reason she left his house was because he back-handed her in the garage. Mr. Hill said they had many discussions in the garage about her son and he agreed there was a discussion in this garage that ended their relationship. He described them both being upset and that they were upset that it had to end like it did. He denied hitting her. [ 90 ] Mr. Hill denied he went to her place to talk things over after the breakup. Mr.

Hill said in cross that JG may have wanted to get back with him but he was done. He did not recall if she actually came to him and said that but for him he was done. He denied going to her place. He denied going there and saying he was going to make her pay for what she did to him and M. He did not anally rape her and then say she had paid the price. She only came to his house to get back the X-box she had smashed. [ 91 ] He agreed with his counsel he was an alcoholic. He mainly drinks when he gets home from work. He does have to have it every day but it does not affect him.

It helps him unwind but he does need it every day. He is a happier person when he is on alcohol. When he is on alcohol most of his activities is not a problem for him. His ex-wife of 23 years could vouch for him that alcohol and his drinking was never an issue. When he was asked if JG brought up his drinking he said not to his recollection. He agreed he uses marijuana. He testified he used to use cocaine with KW but does not anymore. He only used it recreationally. He agreed he told JG about his relationship with KW and why he was so damaged.

He was with KW for two years, police were at his house nine times and all nine times they took her out of the house which was why he had charges against her. In cross-examination Mr. Hill changed his position respecting his consumption of alcohol and began describing himself as a social drinker. [ 92 ] Allan Hill had no memory of when he started dating JH, probably maybe a month or two after JG. It could have been around the time she said, April 25, 2020. He agreed it could have been about two weeks. They were introduced through a friend of his, Steve R. Mr.

Hill did not know if his first date with JH was on a Saturday, it probably was but he did not think this would matter down the road so he never paid attention. He then testified he did not remember his first date with JH, he did not remember what they did, it could have been dinner or they went out but he had no idea. He then testified he believed their first date was on a Wednesday and he had his daughter on the Friday and she came over for dinner with them and spent the weekend.

She spent the night on Friday and then stayed the whole weekend. [ 93 ] When asked how the relationship progressed he said it was okay, they both could spot their differences. He described himself as being rough around the edges and she was an old lady so they did not click right from day one but they gave it a chance.

They were two very different people but it was not a bad relationship at the beginning and it was not a bad relationship at the end, they were just two different people. [ 94 ] He agreed he had invited her to stay over as she was commuting back and forth from Bowmanville and she was working online, so it made sense. He denied wanting her to move in and for them to combine their incomes.

She started bringing stuff to his house, he was into motorcycles and his place was him living like a bachelor and he told her she was not going to change him but she started slowly bring stuff, nice towels, soap trays and changing pictures on his walls. [ 95 ] He testified they had arranged for her to come over on Wednesday [4] and she promised to have dinner with he and his daughter but she got stuck in the city because of car problems. Mr. Hill said he would not call what happened an argument. She did call and explained what was going on. She called around 2:30 or 3:00 and asked his advice on her car.

He gave her his advice with his mechanical background and she did not like his answer and started “getting a little bit fussy about it. I mean if you’re not going to listen to my advice then why call me and she didn’t like that response and she hangs up.” The issue was something to do with her oil cap falling down behind her engine bay, and he told her to go to a Canadian Tire or automotive store to get a new oil cap. She wanted to take it to a shop. She phoned him back and asked what she should do. He was getting frustrated with her so maybe she thought he was angry. She was getting mad at him.

He told her to go to a shop and then she texted him to say she was not coming over for dinner and that was how it ended. [ 96 ] He could not recall if he got into contact with her or she did with him but they kind of reconciled, but he knew he was going to breakup with her because it was not working out. He had his daughter that week so he held off to Saturday to tell her. He repeated he believed the car incident happened on Wednesday and they started talking again on Thursday. His kid went home Friday night or Saturday morning so he broke up with her on Saturday.

They probably spoke on the phone but he could not remember. At some point on Thursday she probably came over, it wouldn’t have been in the morning as he was coming home from work, so probably later in the evening, probably when his daughter was there. [ 97 ] Mr. Hill denied having sex that day or anytime after that. JH had a good relationship with his daughter. M. really liked her and JH was good to her. Mr. Hill could not remember if JH stayed over Thursday and Friday night and looked after his daughter. All he knew was he broke up with JH on Saturday after his daughter went back to her mother’s.

Even if she stayed over Thursday and Friday, he was not there as he went to work. [ 98 ] Mr. Hill was asked if JH brought up that she had found a half empty bottle of Abilify and he said, “Okay.” He was asked if he had a prescription for Abilify at his house around this time and he said, “I’ve had lots of prescriptions, yes.” Mr. Capotosto asked again, “But do you have that prescription?” and Mr. Hill answered, “Yes.” When he asked again if he recalled if JH brought this up he said it was never mentioned to him. [5] He agreed he was drinking around this time and using marijuana.

He denied being upset with JH because she was not going to be there for dinner. He was just frustrated she was not taking his advice and kept calling and hanging up. [ 99 ] When Mr. Hill was asked if he ever had sexual relations with JH he said, “Very minimal. I think we only had sex about twice in two weeks.” He never attempted anal sex with JH. He it was untrue he called her a sexual deviant because he did not know what “deviant” means. On the day he told her he was breaking up with her he may have expressed some emotion to her, probably just disappointment.

He could not recall her coming back several times because she forgot to pack certain things of hers but she could have done that. [ 100 ] In cross-examination Mr. Hill described his breakup with JH as being “very civil”, no upset, no anger, no threats. It was very “kosher”. There was no anger by either of them until she sent the text saying, “He and his buddy are fucked”. He agreed the breakup

could be described as amicable, friendly even. She had no reason to be afraid of Mr. Hill. Nothing would explain her reaching out to his ex-girlfriends. It was his evidence there was nothing to explain JH being afraid of him. He agreed it did not make sense for her to change her security system or barricade her doors. [ 101 ] He denied JH ever confronted him about his drinking.

When the Crown asked him if he ever discussed anal intercourse with JH he said, “I don’t know if it came up or not, to be honest with you….I don’t remember if that happened or not, but I know there was no anal with her.” When the Crown asked if they had conversation about the sort of things they would and would not do he said, “Probably it may have come up. It may have not. I don’t know. I normally do talk to my girlfriends after starting off a relationship to know the boundaries. I mean, of course that conversation always come up.” When Mr. Capotosto asked for Mr. Hill to repeat the last part of his answer, Mr.

Hill said, “About like where the boundaries are and what – what can happen and what cannot.” [ 102 ] Mr. Hill agreed his relationship with JH moved very quickly. He agreed that JH had promised his daughter to make dinner and have a sleepover with. This did not happen because of her work delaying her and then her car trouble. He agreed he was frustrated and although he was not mad at JH, he was upset. He denied in the texts back and forth after JH told him she was not coming over that she did not love him or M. and that she thought she was too good her him. Mr.

Hill then changed his evidence from his chief and testified he was not sure if the day she was coming for dinner was Friday night. He agreed he had no recollection of the day she came over after the day she got stuck in the city. [ 103 ] When the Crown asked what happened when JH came over after not coming for dinner because of work and the car trouble, Mr. Hill testified for the first time, “Just basically we kiss and made up. There was nothing special. It was just kiss and make up, basically.” The Crown then asked if Mr.

Hill and JH had sexual intercourse after they kissed and made up, he answered, “Probably not, because my daughter would have been there.” When the Crown indicated that his daughter would have been in school and pursued this further Mr. Hill said, “I just finished explaining that I don’t know what day it was. It could have been the weekend. It could have been a weekday. I don’t know what day this occurred on.” He agreed if it was a weekday then his daughter would be at school.

He also agreed he did not have a specific recollection of whether or not he had any sexual intercourse with JH on the day she came to the house because he could not recall what day it was. [6] He denied trying to anally penetrate JH and her telling him to stop. He further denied grabbing her neck and telling her to shut the fuck up and then anally raping her. He denied it took her a few days to leave his house as she needed to plan an exit strategy to ensure her safety from him. He agreed this was not true because there was no reason for JH to be afraid of him. [ 104 ] Mr.

Hill brought up JH contacting his ex-wife and indicating that maybe she was overreacting to support his position. The Crown then asked Mr. Hill, “And again you can’t think of anything that happened that would cause [JH] to go to the extreme of texting your ex?” He replies, “Yeah, KW. KW. This all goes back to KW to get her off her charges.” Mr. Hill testified KW went and found these three women and they all came up with the same story and “that just sounds a little fishy.” [ 105 ] Allan Hill testified he met AS on Plenty of Fish. He did not know when he first met her.

He did not agree he met her at the beginning of November as he still had his motorcycle out and they went for a motorcycle ride on their first date to Port Perry. He testified it was on a Wednesday. [7] She came to his house on the Friday and stayed the weekend. His daughter M. was there that weekend. [ 106 ] AS went home on Sunday. Mr. Hill had to work that week and they maybe had a couple of meet ups that week. He went to her house starting on the Friday. He testified he left on the Saturday morning at 2 a.m. from her house. [ 107 ] The first weekend at his house was described by Mr.

Hill as amazing but the next weekend it was like Jekyll and Hyde. He described her as a totally different person once she was in the comfort of her own home. The first weekend she was sweet, kind and very loving. The following Friday was just nothing but yelling, screaming, hooting, hollering, anger and rage. They broke up at 2 a.m. on the Saturday morning when he went home. [ 108 ] He testified he had sexual relations sometime during the week when they had a couple of meet ups. He believed the first time they had sex was on the Monday when after he ejaculated he pulled out and saw that his condom had come off.

He told her she was going to kill him because his “rubber” fell off and it was inside her. It was Mr. Hill’s evidence that she was not concerned about this at all. He told it was a medical emergency and she needed to go to the hospital if she could not get it out on her own, but she refused. This incident occurred at his place. She ended up going home and he kept texting her and finally after eight hours she texted him and said she got it out and for him not to worry about it. He thought there probably was one other time they met up, maybe around Wednesday.

He was sure about Monday and Friday but not about another day in the middle of the week but it would have “been just her coming over to my house and hanging out.” [ 109 ] Mr. Hill confirmed he raised J. with her on that occasion when they were sitting on his deck. She told him her son had a disability like J. and was around the same age. AS was from Bowmanville and he knew AS was in the same area as JG and this was why he was asking her about J. He testified AS and JG live about three blocks away from each other.

He asked AS what school her son went to out of curiosity and she told him and said her son went to J.’s birthday party. Mr. Hill told AS he dated a girl whose son went to that school and he had the same disabilities as AS’s son. That was the end of the conversation. [ 110 ] Mr. Hill testified he drove AS to pick up her son from his school on Friday and as they were driving up he saw JG standing there so he did a little slide down in his seat and drove by. He told AS, “Oh my God, that’s my ex-girlfriend” and AS was like, whatever.

He told her he was going to park up the road so that she did not see him so there was no confrontation. He testified he let AS out of his car. AS had told him not to worry about it and he told AS he did not want any altercations or anything because as he said previously, he does not do drama. Mr. Hill testified he did not want JG to see his car or him so he drove down the street and parked. He waited for AS to get her son and join him. Mr. Hill could not recall if he dropped off AS’s son and then took AS and her daughter to look at an apartment or if he had done that before going to the school. [ 111 ] Mr.

Hill denied there ever was a conversation in his car with AS about his drinking alcohol. It was Mr. Hill’s position, why would AS be talking to him about his drinking when she was sitting there drinking with him. They had a late dinner with her kids and then watched a movie with her son. The daughter was not with them as she was upstairs with her boyfriend. Mr. Hill described AS’s son

a very sweet, quiet boy. [ 112 ] Mr. Capotosto then reminded Mr. Hill he had said AS was like Jekyll and Hyde at her place. Mr. Hill then said AS did nothing but yell, yell, yell, yell – she didn’t know how to talk in a calm a calm voice whatsoever. He said she was yelling at her kids, at him, whoever, her dog. Whoever she could yell at she was yelling at. [ 113 ] Mr. Hill testified after the kids went to bed they both had showers and ended up in her bedroom. He thought it was probably around 11:30 or 12:00, maybe a little after. Mr. Hill described them kissing and making out and hugging and talking dirty.

When Mr. Capotosto asked for Mr. Hill to tell him more about “talking dirty” he explained: [8] A. Just basically asking each other what they're into and what they like and sexual talk and just naughty talk. I mean typical dirty talk, I mean -- to get your boat floating, I guess, whatever you want to call it. Q. Are you clothed? A. No, we're both naked. We're just laying there making out, kissing, talking. Q. And so take me -- tell me a bit more about this dirty talk, was anything particular -- do you remember anything particular was brought up? A. Yeah, the anal thing was brought up. Q.

So we haven't heard your story [indiscernible] tell us what that means? A. We

[…]