Cyber revenge restaurateur loses her appeal

Marisol Simoes avoids photographers by ducking into a car after being convicted at the Ottawa...

Marisol Simoes avoids photographers by ducking into a car after being convicted at the Ottawa Courthouse. September 6,2012 (Errol McGihon/Ottawa Sun/QMI Agency)

Megan Gillis, QMI Agency

, Last Updated: 6:52 PM ET

OTTAWA — A restaurateur who dished out lewd emails and a fake adult site profile to a disgruntled diner lost a bid to have her conviction overturned at the province’s appeal court Tuesday.

But Marisol Simoes, who had been out on bail pending appeal, can now serve the rest of her 90-day sentence on weekends so she can care for her three young kids and run her Byward Market eateries.

The appeal court didn’t overturn Simoes’ 2012 conviction on two counts of defamatory libel.

Defence lawyer Sean May said from Toronto that there was no expert backing up the trial judge’s finding of similarities between a letter Simoes admitted writing and some of the “venomous” material posted to “cyberbully” customer Elayna Katz.


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