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The court found Troy Terry Guerard Anderson guilty of arson and assault, accepting eyewitness evidence, expert fire evidence, and circumstantial proof linking him to the fire.
The court found the Crown proved arson by circumstantial evidence, but accepted expert evidence that Brian Edmund Spencer was NCRMD because of schizoaffective disorder.
The court acquitted Justin Kyle Aster of five arson and criminal negligence counts after finding the Crown had not proved beyond a reasonable doubt that he set the Econo Lodge fire.
The Crown did not prove beyond a reasonable doubt that Boucher set the fire because the circumstantial evidence did not exclude reasonable alternative inferences; motive and opportunity, without proof of exclusive opportunity or direct evidence, are insufficient for conviction under s.435.
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The court dismissed a negligence claim arising from a house fire, finding insufficient evidence that the defendants’ household caused the fire by careless smoking.
The plaintiffs alleged a fire was caused by defective electrical wiring in a commercial building, but the court found they had not proved causation and dismissed the action.
The court dismissed mutual assault claims, found Pedersen civilly liable for starting the fire, awarded punitive damages of $10,000, and dismissed his counterclaims except rent.
The accused was proven beyond a reasonable doubt to have intentionally set the fire as a party with his brother based on the tape confession and corroborating circumstantial evidence; however the Crown failed to prove beyond a reasonable doubt that the fire was set with the specific intent to defraud the insurer, so the accused is convicted of arson (s.434) and acquitted of insurance fraud (s.435).
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