What is the test for lack of diligence in assessing the risk of sexual assault?

Manitoba, Canada


The following excerpt is from Faurschou v. Faurschou, 2011 MBQB 307 (CanLII):

This was a strategic decision made by the husband. I rely on the comments in Alberta v. B.M. that, “lack of diligence … becomes acute when there is any indication … that a tactical or strategic choice has been made” (para. 33).

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