A Toronto judge was wrong to rely on an apartment building superintendent’s misogyny when she convicted him of sexually assaulting a tenant, an appeal court has ruled, ordering a new trial.

The tenant, whose identity is covered by a standard publication ban, had testified that Marcial Manigbas showed up at her unit in November 2022 after she called him to open her storage room so she could store a suitcase and air conditioner. She had declined his offer over the phone to help move the items, but he came into the unit anyway.