The accused was tried on a single count of sexual assault arising from alleged non-consensual sexual contact with a workplace subordinate during an overnight work-related gathering.
The court reviewed the reasonable doubt standard, the law of consent under ss. 273.1 and 273.2 of the Criminal Code, and the principles in Ewanchuk concerning implied consent and honest but mistaken belief in consent.
Although the complainant's prior accounts contained omissions and incremental disclosure, the court found these did not undermine the core of her evidence and rejected the defence theory that the allegation was fabricated for financial gain.
The court accepted the complainant's evidence that there was non-consensual touching both near the stage and in the trailer and entered a finding of guilt.
