Does consent need to be determined by the trial judge?

Ontario, Canada


The following excerpt is from Fyfe v. Bassett, 2012 ONSC 5125 (CanLII):

In Ahmetspacic v. Love, [2002] O.J. No. 5093, Cavarzan J. determined on a motion that the issue of consent ought to be determined by the trial judge. As Cavarzan J. noted at para. 19: Consent or no consent is an issue which is fact-driven. Whether or not consent was given expressly or by implication, involves a finding of fact based on the circumstances of each case.

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