In what circumstances has the applicant satisfied the onus placed upon her by testifying that she was not aware of what she was being told about the date of the alleged assault?
Manitoba, Canada
The following excerpt is from Cosford v. Bass, 2005 MBQB 200 (CanLII):
If the evidence were strictly that of the applicant, I might have found that the applicant has satisfied the onus placed upon her but barely so. In Stevenson v. Singh, Jewers J. observed that the respondent testified he told her. In this case, he has no memory of the conversation.
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