The appellant appealed convictions for sexual assault and sexual interference, arguing the trial judge erred by finding a proven absence of motive to fabricate or, alternatively, by improperly using the absence of evidence of motive to fabricate to bolster the complainant's credibility.
The Court of Appeal held the trial judge did not find a proven absence of motive but rather found no single motive could explain all disclosures, and that the absence of evidence of motive to fabricate was properly considered as one factor among many in the credibility assessment without undue weight.
