What is the test for determining whether a plaintiff has been found guilty of sexual assault?
British Columbia, Canada
The following excerpt is from Dye v. Morehouse, 1999 CanLII 5321 (BC SC):
The action is set for trial commencing February 1, 2000, and the defendants wish to have this issue determined so that they may proceed with their preparation for trial. For that reason they submit that it is appropriate for this matter to be determined in advance of the trial (see Hogg v. Hogg, [1978] 6 C.P.C. 53 (B.C.S.C.)).
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