How have the courts treated the evidence in a sexual assault case?
Ontario, Canada
The following excerpt is from Chirkov v. Association of Professional Engineers of Ontario, 2018 HRTO 366 (CanLII):
There is little dispute between the parties regarding the evidence. Rather the main point of contention is the conclusions I should draw from the evidence that has been presented by them. As is the normal course, the applicant bears the onus of proving that the respondent violated his Code rights on the balance of probabilities, see Shaw v. Phipps, 2012 ONCA 155 (CanLII) (“Shaw”).
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