Peter Nygard appeals judge's decision to keep him behind bars

Peter Nygard's lawyers say the judge who refused him bail was wrong to keep him in custody over concerns that he may try to contact witnesses or tamper with evidence, and are appealing the denial of the former fashion executive's bail application.

Nygard's lawyers haveproposed a new release plan that would include around-the-clock monitoring of all his phone calls and online communications.

ManitobaCourt ofQueen's Bench Justice Shawn Greenberg refused Nygard'sbail application at the beginning of February, following his arrest in mid-December.

Nygard, who is currently in Headingley Correctional Centre, is accused of sexually assaulting dozens of women and girls over a 25-year period. He faces possible extradition to the U.S. on those allegations.

In addition to the appeal, the application lays out a stringent plan to keep tabs on Nygard's communications by limiting his phone calls topre-approved people and having a third party monitor hisemail and text messages.

The plan also calls for Nygard toinstallsoftware that would track his browsing history, online searches, screen time within different apps and GPS location data.

Brian Greenspan, a prominent Toronto defence lawyer, filed the appeal, whichargues parts of the decision relied upon "factually incorrect material provided byunreliable sources."

"The learned application judge drew an adverse inference with respect tothe alleged tampering with witnesses from an occurrence that could not support that conclusion," reads the court document, which was also signed by Nygard's longtime lawyer Jay Prober and his defence attorney Richard Wolson.

The appeal document suggests the judgefailedto properly consider the fact that Nygard suffers from serious pre-existing medical conditions that place him at an increased risk from COVID-19.

It also says she failed to consider competing legal precedents that foundconcerns over acquiring an infectionin jail can overrideother circumstances for an at-risk individual.

No date has been set for the hearing.