What is the onus of a party who engages in sexual activity with another party during a brief cooling-off period?
Ontario, Canada
The following excerpt is from Harris v. Godkewitsch, 1983 CanLII 1552 (ON CJ):
[25] It is, however, difficult in these cases, to determine the exact intention of such a party and it can be even more difficult if one attempts a scientific examination of what is a “brief cooling-off period” as opposed to a “settled state of mind” as prescribed in Sanderson v. Russell, supra. For that reason, as counsel suggest, the question of onus can be important.
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