What is the legal test for determining whether a person can be found guilty of sexual assault?
British Columbia, Canada
The following excerpt is from Oswald v. Start Up SRL, 2021 BCCA 352 (CanLII):
Firstly, the judge correctly identified the legal test. In paras. 121–28 the judge, for example, referred to the decision of this Court in Berthin v. Berthin, 2016 BCCA 104 [Berthin], where, at para. 46, the following is found:
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