The Ontario Court of Appeal is set to hear Peter Nygard’s appeal of his sexual assault convictions and prison sentence Monday, with his lawyers arguing the Toronto trial judge made errors, including admitting the testimony of an expert on trauma.
The former fashion mogul was convicted of four counts of sexual assault in 2023 and sentenced to 11 years behind bars after multiple women came forward with allegations dating from the 1980s until the mid-2000s.
His prison sentence amounts to a little less than seven years, after credit for the time he already spent in custody before and during trial.
Nygard’s lawyers filed a notice of appeal in 2024, arguing his sentence was excessive and the judge erred in admitting the testimony of clinical psychologist Lori Haskell on the effects of trauma.
The lawyers cited the case of Canadian musician Jacob Hoggard, whose appeal of his 2022 sexual assault conviction also took issue with Haskell’s testimony in his trial, in part due to risk of jury misuse, but Hoggard’s conviction was upheld after a panel found there had been no miscarriage of justice.
The Crown is arguing in written submissions to the Appeal Court that the admission of Haskell’s testimony at Nygard’s trial was a “harmless error” that did not mislead the jury or cause a miscarriage of justice.
Nygard, 84, was denied bail in 2024. The judge wrote in that decision that in her view, the admission of Haskell’s testimony is the only “legally plausible” argument raised in his appeal.
Nygard’s lawyers also argue the trial judge erred in allowing the jury to consider the evidence of one complainant to help decide whether the Crown had proven its case with respect to other complainants.
Nygard is asking that his conviction be overturned or set aside and a new trial be ordered. He’s also requesting a reduced sentence and any other relief the Appeal Court deems appropriate.
Nygard founded his now-defunct global women’s clothing company in Winnipeg in 1967. He stepped down as chairman after the FBI and police raided his offices in New York in February 2020.
Nygard also faced criminal charges in Manitoba, but those charges were stayed in October after a judge ruled records of police interviews with the complainant in 1993 were destroyed without justifiable reasons, violating his Charter right to a fair trial.
Prosecutors had decided not to lay charges in 2020, but the Manitoba government later forwarded the investigation to Saskatchewan Justice for an independent review, and Nygard was arrested.
Last month, Nygard’s lawyers filed a lawsuit against the Manitoba and Saskatchewan governments, Winnipeg police and others, alleging defamation and abuse of process surrounding those charges. The 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.
