What is the test for reasonable and probable cause in sexual assault cases?

Ontario, Canada


The following excerpt is from Iliescu v. Voicegenie Technologies Inc., 2009 CanLII 385 (ON SC):

(iii) The third element: In Hicks v. Faulkner (1878), 8 Q.B.D. 167 at 171, “reasonable and probable cause” has been defined as: “an honest belief in the guilt of the accused, based on a full conviction, founded on reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would reasonably lead an ordinarily prudent and cautious man placed in the position of the accuser to consider that the person charged was probably guilty of the crime imprinted.”

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