How have the courts interpreted the findings of the trial judge in the context of sexual assault cases?
Saskatchewan, Canada
The following excerpt is from Kozak v. Gruza, 1989 CanLII 5138 (SK CA):
All of the above are, in their essence, factual. I am of the view that there was evidence on which the trial judge could have made these findings, and that no palpable and overriding error has been shown which affected his assessment of these facts. Accordingly I would not interfere with any of the conclusions of the trial judge. See Lensen v. Lensen, 1987 CanLII 4 (SCC), [1987] 2 S.C.R. 672; 79 N.R. 334; 64 Sask. R. 6. It should also be noted that with respect to at least one item, that is 2 above, the matter was not pleaded at trial and it is too late to raise the matter in this court.
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