What is the test for determining if a plaintiff has been found guilty of assault by reason of sexual assault?

British Columbia, Canada


The following excerpt is from Lyons Estate (Re), 1999 CanLII 5639 (BC SC):

The authorities also provide that where there is or may be ambiguity, the court should resolve that ambiguity by reference to context or surrounding circumstances: In Re Dale: Mayer v. Wood, [1930], 1 Ch. 357.

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