Is a plaintiff's sexual assault conviction a "collateral attack" on the criminal conviction itself?

Ontario, Canada


The following excerpt is from Ristimaki v. Cooper, 2004 CanLII 16074 (ON SC):

As Arbour J. noted, in Toronto v. C.U.P.E. the challenge was not to the propriety of the criminal conviction. At para. 34 she said as follows: … [I]n the case at bar, the union does not seek to overturn the sexual abuse conviction itself, but simply contest, for the purposes of a different claim with different legal consequences, whether the conviction was correct. It is an implicit attack on the correctness of the factual basis of the decision, not a contest about whether that decision has legal force, as clearly it does. Prohibited "collateral attacks" are abuses of the court's process.

Other Questions


What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
What are the consequences of a jury striking down sexual assault and assault with a weapon convictions? (Ontario, Canada)
What is the collateral attack rule against collateral attack in this proceeding? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
What are some cases where the accused was convicted of criminal harassment, assault and assault? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
How has the Court treated sexual assault and indecent assault cases? (Ontario, Canada)
Is a conviction for aggravated assault against a man for assault to be stayed? (Ontario, Canada)
Can a person be convicted of a charge of sexual assault where both offences arise out of the same facts and in substance only one crime has been committed? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.