A Dawson City man has been found guilty of setting fire to his home two years ago.

Sheldon Sollosy defended himself against the charge of arson, for which he was convicted last Friday by Justice Todd Ducharme.

In November 2014, Sollosy and his wife, Nadia Hapalo, had agreed to a trial separation.

Hapalo had earlier testified things were tense because Sollosy was reluctant to separate.

The couple had planned to tell their daughter about the separation on Nov.10, but Sollosy explained their plans to her on the evening of Nov. 9.

At that time, Hapalo said he also expressed suicidal thoughts and said he was going to swim in the Yukon River.

Hapalo was preparing to leave in her car when Sollosy got in the car and drove away.

He returned a short time later and told Hapalo her car was parked on Fifth Avenue.

Hapalo found the car on Fifth, where it had collided with a pole. She and her daughter then went to a hotel for the night.

While there, she received texts from Sollosy. They showed a line of fire licking at a doorway in their house on Seventh Avenue.

“Now it’s over,” said the accompanying text. “You r at blame and I’m swimming.”

During the trial, Sollosy had asked Justice Ducharme to consider a violation of the Canadian Charter of Rights and Freedoms, claiming that, because he paid for his wife’s phone, he had an expectation of privacy.

In his decision, Justice Ducharme found there was no violation.

He said that once a text has been sent from one person to another, rights to privacy have been waived.

Justice Ducharme said the texts were part of what led him to find Sollosy guilty.

Not only had they come from Sollosy’s phone, but their content, including the reference to “swimming,” was similar to Hapalo’s testimony about Sollosy’s threat of suicide.

Justice Ducharme also said he believed witness testimony that the L-shaped burn marks found in the house were consistent with the use of a petroleum-based liquid.

He believed the fire wasn’t accidental nor mechanical because, while there were significant burn marks around an electrical outlet, there was no internal electrical damage.

Crown prosecutor David McWhinnie asked for one to two years of jail time, plus probation.

He cited Sollosy’s minor criminal record (including two convictions in the ’90s for obstruction and impaired driving), as well as the fact that the arson didn’t appear to have been committed in order to gain financially or to harm anyone.

“It is in the Crown’s estimation that it was most probably a reflection of his emotional state at the time, and lashing out at his circumstances as opposed to a planned-out event,” said McWhinnie.

Sollosy maintained his innocence as he requested a pre-sentence report. (He said he had been locked out of the house on his return from driving the car into a pole.)

Justice Ducharme agreed to this, but noted the report would have nothing to do with innocence versus guilt. For that, he said, Sollosy would have to file an appeal.

Sollosy brought it up again when he mentioned he took issue with any suggestion he had alcohol problems or was a danger to Hapalo.

“I understand that,” said Justice Ducharme. “You also set fire to your home.”

“Your Honour, I did not,” Sollosy responded.

“Well, I found that you did. And in this room, it’s my opinion that counts, not your opinion,” said Justice Ducharme.

Sollosy will appear in court in Whitehorse on Sept. 13.