M.Z., a registered physiotherapist, was charged with sexually assaulting A.S., an office administrator, by allegedly touching her bare breasts during a neck massage.
M.Z. denied the sexual assault, claiming the interactions were mutual and consensual massages.
The court conducted a credibility assessment of both parties, applying the R. v. W.(D.) framework.
The court found M.Z.'s testimony to be consistent and without obvious flaws.
Conversely, A.S.'s testimony contained significant omissions from her initial police statement, particularly regarding prior disclosure to her boyfriend and the instruction to unbutton her shirt, and her claim of needing to "Google" whether nipple touching was wrong strained credulity.
The court concluded that while M.Z.'s conduct was socially inappropriate and reflected an error in judgment, the Crown failed to prove the sexual assault beyond a reasonable doubt.
The charge was dismissed.