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The accused was acquitted of sexual assault because conflicting credible testimony left the court with reasonable doubt.
This decision addresses the acquittal of A.P. on a charge of sexual assault alleged to have occurred during a family Christmas gathering.
The case hinged on conflicting testimony regarding the events, with the Crown relying on the complainant and her estranged wife, and the defence presenting multiple witnesses including the accused and family friends.
The judge carefully applied the standard of proof beyond a reasonable doubt and the principles from R. v. W.(D.) and R. v. J.H.S., emphasizing that credibility conflicts do not automatically result in guilt.
The judge found the complainant and her wife credible but also found the accused and defence witnesses credible, ultimately concluding that the Crown failed to prove guilt beyond a reasonable doubt.
Liquor licence application for patio approved subject to agreed conditions after objectors withdrew their concerns.
The applicant, Gilkem Holdings Inc., applied for additional licensed areas to operate a patio at its establishment.
The Registrar issued a Notice of Proposal to review the application due to written objections from local residents regarding parking and traffic.
Prior to the hearing, the applicant and the objectors reached an agreement whereby the objections were withdrawn in exchange for the applicant consenting to specific conditions on the liquor licence, including restricted hours of service and a prohibition on music.
The Alcohol and Gaming Commission of Ontario approved the application subject to the agreed-upon conditions.