What is the test for a plaintiff to be successful in a sexual assault case?

Ontario, Canada


The following excerpt is from Spicer v. Dresler, 2018 ONSC 5770 (CanLII):

I do not accept that position as the evidence must firstly establish that the plaintiff assumed the physical and legal risk involved in the activity. Waldick v. Malcolm, 1991 CanLII 71 (SCC), [1991] 2 SCR 456.

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