The defence in the sexual assault trial of Toronto City Councillor Michael Thompson is raising the possibility of a mistrial following testimony on Thursday.
Defence lawyer Leora Shemesh objected to the line of questioning from prosecutors in the judge-only trial, claiming a witness who testified in the case was now being portrayed as a complainant.
Thomason, a Scarborough councillor and former deputy mayor, is facing two counts of sexual assault for allegedly inappropriately touching two women during an incident at a Muskoka cottage during the 2022 Canada Day long weekend.
On Thursday, he denied any wrongdoing under cross-examination, telling the court the cottage wekeend was not intended as a professional networking event as described by one of the complainants but rather a casual getaway with friends
Crown prosecutor Mareike Newhouse suggested during cross-examination that Thompson invited two women up to the cottage with sexual intent, which Thompson denied saying he had no romantic or sexual interest in the women and did not pressure them to attend the trip.
Tensions rose as Thompson’s defence team objectged to a line of questioning from Newhouse, arguing it introduced a new theory regarding one of the witnesses — a woman who had already testified as a fellow guest, not as a complainant.
The defence maintained that there had been no prior indication the Crown would suggest Thompson was sexually attracted to this witness, nor had she been questioned in that context during her testimony. They argued that the Crown’s new direction caught them off guard and fell outside the scope of what they had prepared to address.
As a result, the cross-examination was paused to allow both sides time to re-evaluate their positions.
Shemesh is now considering a pre-emptive mistrial application, a move Newhouse has already opposed.
Court is scheduled to resume Friday in Barrie to address the potential mistrial motion.
