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Appeal of Small Claims Court judgment for malicious prosecution and defamation dismissed.
The appellant appealed a Small Claims Court decision awarding the respondent $10,000 in damages and $4,000 in costs for malicious prosecution and defamation arising from false allegations of sexual assault.
The appellant argued the trial judge erred in assessing credibility, relied on stereotypes, and improperly awarded costs.
The Divisional Court dismissed the appeal, finding that the trial judge's credibility assessments were supported by the evidence and that the costs award was reasonable given the six-day trial.
Youth appeals from gang sexual assault convictions dismissed; trial judge properly applied credibility analysis.
The three young person appellants appealed their convictions for gang sexual assault and forcible confinement.
They argued the trial judge erred in his credibility findings and application of the W.(D.) analysis regarding their defence of honest but mistaken belief in consent.
The Court of Appeal dismissed the appeals, finding the trial judge properly applied the W.(D.) analysis, made supportable credibility findings, and reasonably concluded the complainant did not consent and the appellants did not have an honest belief in her consent.
