Balsam Bashi

The accused, T.A., was charged with sexual assault and sexual interference against a 10-year-old complainant.

The trial proceeded judge-alone, with the Crown presenting evidence from the complainant and the defence calling the accused.

The court assessed the complainant's credibility and reliability, noting inconsistencies in her testimony.

Applying the principles of reasonable doubt and the W.(D.) analysis, the court found that the Crown failed to prove beyond a reasonable doubt that the touching was for a sexual purpose, which is an essential element for both charges.

Consequently, T.A. was acquitted on both counts.

This costs endorsement followed a focused hearing to determine the Respondent father's income for child support and Section 7 expenses, specifically addressing the imputation of income from lump sum disability payments received through military service.

The Applicant was largely successful in her position that income should be imputed and grossed up for child support purposes, and was found to have made reasonable settlement offers.

The Respondent, who made no offers and maintained an unreasonable position, was ordered to pay partial indemnity costs to the Applicant.