James R.D. Clark

The accused, Stephen Jones, was charged with sexual assault (s. 271 Criminal Code) and sexual touching of a young person in a position of trust (s. 153(1)(a) Criminal Code).

The complainant, A.D., aged 17, alleged non-consensual sexual contact by Mr. Jones, her 60-year-old softball coach and father figure.

The court found A.D. to be a credible and reliable witness, whose testimony was corroborated by text messages and a letter from Mr. Jones expressing regret and acknowledging a breach of trust.

The court found that Mr. Jones intentionally touched A.D. for a sexual purpose without her consent, and that a relationship of trust existed, given the age gap, his role as coach and father figure, and the control he exercised.

Mr. Jones was found guilty on both counts.

The appellant, Carmen DaSilva, appealed a lower court judgment that declared a transfer of her husband's one-half interest in a property to her as a transfer for undervalue, void against the trustee in bankruptcy, and set it aside.

The appeal raised three grounds: error in declaring the transfer at undervalue, error in finding the husband insolvent at the time of transfer, and error in finding an intention to defraud creditors.

The Court of Appeal dismissed all grounds, finding no palpable and overriding error in the application judge's findings regarding undervalue and insolvency, and noting that comments on intent were obiter.