Ontario’s highest court has rejected an appeal by former fashion tycoon Peter Nygard, affirming his sexual assault convictions and prison term. Nygard, aged 84, was found guilty of four counts of sexual assault in 2023 and received an 11-year sentence, translating to nearly seven years in incarceration after accounting for time served in custody pre-trial.
The accusations against Nygard spanned from the 1980s to the mid-2000s, with multiple women, including one who was 16 at the time of the offense, alleging he sexually assaulted them at his firm’s Toronto headquarters. Nygard’s appeal contended that his sentencing was unduly harsh, and the trial judge committed legal errors, such as allowing expert testimony on trauma effects.
His defense team referenced the case of former Hedley frontman Jacob Hoggard, whose appeal also challenged the same expert testimony. Despite this, Hoggard’s conviction was upheld, with the Appeal Court determining no miscarriage of justice occurred. Nygard’s lawyers argued that the judge’s guidance to the jury on utilizing the psychologist’s evidence was insufficient and that his sentence was excessive due to his health issues.
The Crown argued in written submissions that the admission of the psychologist’s testimony was a “harmless error” that did not mislead the jury or cause a miscarriage of justice. In a unanimous decision, the three-judge appeal panel concurred that admitting the evidence was harmless, noting the instructions given to the jury were akin to those in the Hoggard case and sufficiently clear.
The Appeal Court identified no other errors by the trial judge and saw no reason to intervene in Nygard’s sentence, deeming a reduction inappropriate. The court emphasized that while Nygard’s age and health were relevant factors, they did not warrant a sentence disproportionate to the gravity of the offenses.
Nygard, the founder of a now-defunct women’s fashion brand, resigned as chairman after U.S. authorities raided his New York offices six years ago. Criminal charges against him in Manitoba were dropped last fall due to the destruction of police interview records from 1993 without valid justification, which infringed on Nygard’s right to a fair trial.
Initially, prosecutors in Manitoba chose not to press charges in 2020, but the case was later reassigned to Saskatchewan Justice for an independent review, leading to Nygard’s arrest. Facing trials in Quebec and potential extradition to the U.S. on sex trafficking and racketeering charges, Nygard has refuted all allegations against him.
Nygard’s legal team recently filed a defamation lawsuit against provincial governments, Winnipeg police, and others, though these claims have yet to be litigated.