Toronto man found guilty of murdering neighbour over BBQ smoke dispute, wife guilty as accessory

A jury has found Khoa Tran guilty of second-degree murder in the death of his neighbour, Reeyaz Habib, while Tran’s wife, Isabelle Nguyen, was found guilty of being an accessory after the fact and committing an indignity to a dead body.

It took the jury just over a day to reach their verdicts. They were delivered Wednesday evening in a Toronto courtroom following a trial centred on the 2023 death of Habib, whose body was found in a garbage compactor at a Liberty Village condominium building where the 53-year-old filmmaker lived alone.

Two days later, Habib was reported missing. Tran, who lived in the condo unit with his wife, Nguyen, directly under habib’s unit, testified in his own defence.

Tran said Habib was upset with him because barbecue smoke from Tran’s patio would waft into Habib’s condo. He said a week before Habib’s disappearance the two had a fight in which Habib accused him of trafficking his wife’s friend and told him he was going to have him kicked out of the building for using a propane barbecue.

Tran’s barbecue was charcoal. Tran said he was angry and admitted he disposed of Habib’s bicycle, but said that had nothing to do with the death of his neighbour.

Under Canadian law, a conviction for second-degree murder carries an automatic life sentence. The period of parole ineligibility, between 10 and 25 years, will be determined by a judge at a later date, taking into account any recommendation from the jury.

Jurors in the case delivered a split set of recommendations on parole ineligibility. Six jurors made no recommendation, while two suggested 10 years. One juror recommended 13 years, another 15 years, and two recommended the maximum 25 years.

A sentencing hearing has been scheduled for Sept. 9.

Defence lawyer Tyler Smith told the court he intends to seek a pre-sentence report for Nguyen, which is why the sentencing hearing is in 3 months time.

Following the verdicts, Superior Court Justice Ken Campbell ordered that both Tran and Nguyen be taken into custody immediately, revoking their bail.

Smith opposed the move, arguing Nguyen had complied with strict bail conditions since her arrest in 2023, including electronic monitoring, and had no prior criminal record. He said the potential sentencing range for his client could vary widely — from 12 to 18 months up to five or six years — and submitted she was not a threat to public safety.

Smith also suggested her bail conditions could be modified to allow her to remain in Toronto under a curfew as she prepared for sentencing.

Tran’s lawyer, Liam O’Connor, acknowledged his client was in a different position given the murder conviction, but noted Tran also had no prior criminal record and had been on bail during the proceedings.

Justice Campbell rejected the submissions and ordered both accused into custody.

“Poor Mr. Habib was killed and his body put in a dumpster,” the judge said. “Those are serious offences and the circumstances surrounding them are the most serious of nature. Right now I’m revoking the bail of both of the accused.”

Nguyen was seen crying in court as the decision was delivered. She and Tran are expected to be held in separate facilities pending sentencing.

During the trial, Crown prosecutors argued Tran was motivated by an escalating dispute over barbecue smoke and odours, as well as threats allegedly made by Habib. They said Tran killed his neighbour during a late-night confrontation, then undertook an elaborate effort to conceal the crime, eventually enlisting Nguyen to help dispose of the body.

Defence lawyers maintained the Crown’s case was circumstantial, suggesting Habib’s death could have been the result of an accident and arguing there was insufficient evidence to prove Nguyen knowingly assisted in covering up the killing.

The jury’s verdict brings the high-profile case to its sentencing phase, where the court will determine how long Tran must serve before becoming eligible for parole and what penalty Nguyen will face for her role.

A sentencing hearing has been set for September.

–with files from The Canadian Press