The appellant was convicted of sexual assault in 1995 based on the testimony of a single witness.
After a remand from the Supreme Court of Canada, the Court of Appeal considered the admissibility of fresh evidence.
The Court found that trial counsel provided ineffective assistance by failing to use available evidence that could have undermined the credibility of the Crown's sole witness, including evidence of a motive to lie and failure to report the incident.
The Court admitted the fresh evidence, allowed the appeal, quashed the conviction, and ordered a new trial, concluding that the ineffective assistance resulted in a miscarriage of justice.
