What is the test for making out a case in a sexual assault case?
Manitoba, Canada
The following excerpt is from Leonhardt v Manitoba, 2018 MBHR 3 (CanLII):
37. For the complainant to make out a case he is required to prove that (i) he has the protected characteristic of mental disability contemplated by section 9 of the Code; (ii) that he experienced an adverse impact regarding employment; and (iii) that his protected characteristic was a factor in the adverse impact. (Moore v. British Columbia, 2012 SCC 61 (“Moore” at para. 33)
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