J. Nadel

In a judge-alone criminal trial involving allegations of sexual assault and related sexual offences against a 15-year-old complainant, the only live issue was whether the alleged sexual activity occurred.

Applying the W.D. framework, the court held that the accused's denial, supported in part by the spouse's evidence on a key alleged incident, raised a reasonable doubt.

The court found serious reliability concerns in the complainant's evidence, including material inconsistencies, an evidentiary gap surrounding the evolution of her allegations after treatment and discussions with others, and a significant contradiction concerning a specific alleged incident.

The Crown failed to prove the charges beyond a reasonable doubt, and the accused was acquitted.

The accused, a strip club dancer, was charged with aggravated assault after punching an intoxicated patron outside the club.

The patron fell and suffered internal head injuries and facial bruising.

The court rejected the accused's claims of self-defence and consensual fight, finding he was the aggressor.

However, the court found reasonable doubt as to whether the punch caused the patron's fall and subsequent internal head injuries, given the patron's extreme intoxication and the uneven pavement.

The court found the accused guilty of the lesser included offence of assault causing bodily harm based on the facial injuries sustained directly from the punch.