M. Ahumada

The accused was charged with one count of sexual assault following an encounter on his boat.

The accused admitted to the sexual activity but maintained it was consensual.

The court applied the W.(D.) framework to assess credibility and found the accused's evidence to be straightforward and reliable, while noting factual gaps and inconsistencies in the complainant's narrative.

The court concluded the Crown failed to prove beyond a reasonable doubt that the complainant did not consent, resulting in an acquittal.

The Crown applied for an extension of time to serve and file a notice of application for certiorari to quash the respondent's discharge at a preliminary inquiry.

The Crown had served the notice on the respondent's former counsel, who failed to promptly inform the Crown that they were no longer retained.

The court found that the Crown acted with due diligence, as it was entitled to assume the former counsel was still acting, and that there was an arguable basis for the certiorari application.

The extension of time was granted.