R. v. D.J., 2024 ONSC 3524

Case Summary

The accused was charged with three counts of sexual assault and one count of forcible confinement against his former common-law partner. The Crown applied to admit the complainant's evidence on each sexual assault count as similar fact evidence for the others, which the court dismissed due to the similarities being merely generic. Applying the W.D. framework, the court acquitted the accused of the sexual assault charges because, although his evidence had frailties, it could not be entirely rejected, leaving a reasonable doubt. However, the court rejected the accused's evidence regarding the forcible confinement charge, accepted the complainant's evidence, and found the accused guilty on that count.