What is the test for a plaintiff to succeed in a motion for sexual assault?

Alberta, Canada


The following excerpt is from Martin v. Capital Health Authority, 2007 ABQB 260 (CanLII):

The Plaintiffs here do not suggest, and it is not necessary to suggest, that the law must be modified in any way in order for the Plaintiffs to succeed here. Causation will be made out, pursuant to Reibl v. Hughes (supra), in any case where a plaintiff establishes that a reasonable person in his position would have declined to proceed at that particular time. Applying this test, as I have done, the Plaintiffs are entitled to succeed, and the law need not be modified in any way, and not, in particularly, by a "policy". I do not see why it was necessary to refer to any such "policy" in the speech just referred to. The law that had already been described addresses the concern.

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