We now know how lawyers for Michael Theriault plan to fight his assault conviction.
In what's being called an "extremely rare" legal challenge, lawyers argue that the judge did not have jurisdiction to convict Theriault of assault rather than the original charge of aggravated assault.
The Toronto's Star reports, they want the conviction toss and a new trial ordered. The lawyers argue that the Crown did not clearly state that an assault charge was an option for the judge.
The assault conviction comes with a maximum penalty of five years in prison.
The Crown is also appealing the verdict.
Theriault and his brother were acquitted of attempting to obstruct justice.