The Crown is appealing a unique post-verdict mistrial declared recently in the sexual assault conviction of Frank Stronach. The billionaire entrepreneur was convicted in June of sexual assault and indecent assault related to historical allegations from two women in his Toronto trial. The mistrial on the sexual assault charge was granted by Superior Court Justice Anne Molloy after emails were presented in court from the woman’s lawyer in a separate civil complaint. Stronach’s lawyer, Leora Shemesh, argued that these emails contradicted the woman’s testimony in the criminal trial.

The Crown has filed a notice of appeal, contending that Molloy made a mistake by assuming the communications were protected by solicitor-client privilege without confirming if there could be an exception allowing their use. Additionally, the Crown argues that the judge erred in stating she couldn’t address the credibility concerns raised by the mistrial application. The Crown is seeking to reinstate the guilty verdict on the sexual assault charge and have the case returned to Superior Court for sentencing.

Initially facing a dozen charges dating back to the late 1970s to 1990s and involving seven complainants, Stronach, the founder of Magna International, had one charge withdrawn and was found not guilty on four others by the end of his trial in April. The judge ruled out convicting him on two charges due to unreliable evidence from one complainant, leaving Stronach with five charges related to three complainants before being convicted on two counts. His sentencing for the indecent assault conviction is scheduled for September.