What is the test for determining whether a person can be found guilty of a sexual assault?
Ontario, Canada
The following excerpt is from Duggan v. Durham Region Non-Profit Housing Corporation, 2017 ONSC 4875 (CanLII):
The case law outlined previously in these reasons , and particularly the tests set out in the 1993 decision of Justice Tobias in in Bourne v. Saunby 23 C.P.C. (3d) 333; 49 M.V.R. (2d) 65; 43 A.C.W.S. (3d) 724; 1993 CarswellOnt 490 have been carefully considered by me.
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