What is the burden of corroboration in determining a claim of sexual assault?

Ontario, Canada


The following excerpt is from Indcondo v. Sloan, 2014 ONSC 4018 (CanLII):

The leading articulation of this burden was set out in Koop v. Smith (1915), 1915 CanLII 26 (SCC), 51 S.C.R. 554, where Duff J. held: I think the true rule is that suspicious circumstances coupled with [a close] relationship make a case of res ipsa loquitor which the tribunal of fact may and will generally treat as a sufficient prima facie case, but that it is not strictly in law bound to do so; and that the question of the necessity of corroboration is strictly a question of fact.

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