How has the trial judge determined the date of an alleged sexual assault?

We see no error. The trial judge considered and applied the multi-factor test referred to in Al-Sajee v. Tawfik, 2019 ONSC 3857, 27 R.F.L. (8th) 269, at para. 37 for the determination of the date of separation. The trial judge was not bound to choose between dates identified by one party or the other. He identified a date that was reasonable and supported by his assessment of all the evidence, including a contemporaneous note made by an independent witness. The appellant has not identified a palpable and overriding error in the trial judge’s assessment of this evidence.