What is the test for a motion for a no evidence motion in a sexual assault case?
British Columbia, Canada
The following excerpt is from Marusyk v. 1180749 Ontario and Marusyk, 2005 BCHRT 346 (CanLII):
Based on the principles set out in Hendrickson v. Long & McQuade Ltd. [1998] B.C.H.R.T. No. 8, I find that the complainant has not established a prima facie case and as a result, the respondents’ no evidence motion is granted.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for admitting evidence of improper sexual activity in a sexual assault case? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for exclusion of evidence in a sexual assault case? (British Columbia, Canada)
What is the test for credibility and reliability of evidence in a sexual assault case? (British Columbia, Canada)
What is the test for admitting fresh evidence at the Court of Appeal of Appeal in a sexual assault case? (British Columbia, Canada)
What is the test for character evidence in a sexual assault case? (British Columbia, Canada)
What is the test for credibility of evidence in a sexual assault case? (British Columbia, Canada)
