Ontario’s top court has dismissed an appeal filed by former fashion mogul Peter Nygard, upholding his sexual assault convictions and prison sentence.
Nygard, 84, was convicted of four counts of sexual assault in 2023 and sentenced to 11 years in prison, amounting to nearly seven years behind bars after factoring in the time he spent in custody before and during trial.
The charges stemmed from allegations dating from the 1980s until the mid-2000s, as multiple women — one of whom was 16 years old at the time of the offence — accused Nygard of sexually assaulting them at his company’s headquarters in Toronto.
Nygard’s appeal argued the trial judge made errors in law, including the admission of expert testimony on the effects of trauma.
His legal team pointed to the case of former Hedley frontman Jacob Hoggard, whose appeal of his 2022 sexual assault conviction also took issue with the same expert’s testimony, in part due to the risk of jury misuse. Hoggard’s conviction was nonetheless upheld because the Appeal Court found there had been no miscarriage of justice.
Nygard’s lawyers argued that in his case, the judge’s instructions to the jury regarding how they could use the evidence of clinical psychologist Lori Haskell were not robust enough.
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They also argued Nygard’s sentence was excessive in light of his poor health.
The Crown argued in written submissions that admitting Haskell’s testimony was a “harmless error” that did not mislead the jury or cause a miscarriage of justice.
In a unanimous ruling released Friday, the three-judge appeal panel agreed admitting Haskell’s evidence was a harmless error, noting the trial judge’s instructions were “very similar” to those in the Hoggard case.
“They are clear and comprehensive and address the relevant concerns,” the panel said.
“We note that counsel was satisfied with the instructions; no objection was raised to them. We do not accept that, having heard Dr. Haskell’s evidence, the jury was not able to act in accordance with the trial judge’s instructions or would not do so.”
The Appeal Court found no other errors by the trial judge, and no basis to interfere with Nygard’s sentence, saying a reduction “would not be appropriate.”
“As the sentencing judge recognized, the appellant’s age and condition are relevant considerations, but they do not justify the imposition of a sentence disproportionate to the gravity of the offences,” the court said.
The founder of a now-defunct women’s clothing company, Nygard stepped down as chairman after U.S. authorities raided his New York offices six years ago.
The criminal charges he faced in Manitoba were stayed last fall after a judge found records of police interviews with the complainant in 1993 were destroyed without justifiable reasons. The judge concluded that represented a violation of Nygard’s right to a fair trial.
Prosecutors in Manitoba initially opted not to lay charges in 2020, but the province later sent the investigation to Saskatchewan Justice for an independent review, resulting in Nygard’s arrest.
Nygard’s legal team filed a defamation lawsuit last month targeting both provincial governments, as well as Winnipeg police and others. Those claims have not been tested in court.
Nygard faces a trial on sex charges in Quebec as well as extradition to the United States on sex trafficking and racketeering charges. He has denied all allegations against him.
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