What is the test for determining whether a defendant has been found guilty of a common assault?
Ontario, Canada
The following excerpt is from MacGibbon v. Warren-Phenix, 2021 ONSC 6899 (CanLII):
However, the overriding principle that must be considered is trial fairness. In Bonnello v. Taylor 2010 ONSC 5723, Brown J. (as he then was) made this point clear when he stated as follows (at para. 15):
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