What is the test for establishing that a resolution agreement has been reached in a sexual assault case?

As the Court of Appeal decision in Ferri v. Root requires, the “underlying reasons” for this resolution agreement must be carefully examined. The mere existence of some arrangement, agreement or compromise by the parties that ended the criminal proceedings is not the end of the analysis. In the circumstances of this case, however, that examination is not an especially difficult one as the “underlying reasons” for the agreed settlement of the charges are apparent from the evidence.