APPEALS - Grounds - Misapprehension of or failure to consider evidence

Law360 Canada ( February 6, 2025, 9:59 AM EST) -- Appeal by appellant from his conviction for multiple sexual offences against his minor relative ("complainant"). The appellant was convicted of sexual interference, invitation to sexual touching, and sexual assault against his minor relative over three years. The complainant, who was 15 years old at the time of her testimony, detailed numerous sexual acts allegedly committed by the appellant when she was between the ages of eight and eleven. The appellant denied these events, claiming he was never alone with the complainant during those years. The trial judge found the complainant credible and reliable, rejecting the appellant's evidence and concluding that the Crown had proven the offences beyond a reasonable doubt. On appeal, the appellant argued that the trial judge made several errors, including misapprehending key evidence, failing to resolve material conflicts in the evidence, improperly applying the W(D) framework, and reversing the burden of proof. The appellant contended that the judge's approach to assessing the evidence was flawed, leading to an irreparably flawed verdict. The appellant claimed that these errors led to an irreparably flawed assessment of the evidence, warranting a new trial....
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