Sarah McDonald

A motion by Ecojustice for leave to intervene as a friend of the court in an appeal concerning environmental contamination liability.

The underlying judgment held the defendant corporation liable in nuisance and under the Environmental Protection Act for approximately $1.8 million in damages.

Ecojustice sought to provide submissions on environmental law implications and the retrospective application of statutory provisions.

The motion judge dismissed the intervention motion, finding that Ecojustice's proposed submissions would not materially assist the court and would cause injustice to the respondents by requiring them to address new arguments without adequate notice.

The accused was charged with sexual assault for allegedly performing oral sex on the complainant without her consent while she was sleeping beside him in his residence on New Year's Eve.

The complainant testified she awoke to find the accused engaging in oral and digital sex with her and immediately left.

The accused claimed the complainant was awake and consented to the sexual contact.

The court found credibility issues on both sides, including inconsistencies in the complainant's post-incident communications and the accused's self-serving testimony.

Despite finding it probable the accused performed the acts without consent or was reckless, the court concluded there remained reasonable doubt regarding the circumstances, the level of awareness of the parties, and the question of consent, resulting in a dismissal of the charge.