The appellant, B.D., appealed the dismissal of her action for sexual battery and negligence against the respondent, D.O. B.D. alleged D.O. anally penetrated her without consent, causing severe injury.
D.O. denied anal penetration at trial, despite a prior admission in his statement of defence.
The trial judge found deficiencies in B.D.'s evidence and was not satisfied, on a balance of probabilities, that B.D. had proven her claims.
The Court of Appeal dismissed the appeal, upholding the trial judge's discretion to allow the withdrawal of an admission, the holistic assessment of intertwined claims, and the credibility findings, which were entitled to deference.
