The Chief Justice — For the reasons of Hourigan J.A., dissenting at the Ontario Court of Appeal (2023 ONCA 584, 430 C.C.C. (3d) 171), a majority of this Court would allow the appeal. Justice Rowe, dissenting, would have dismissed the appeal, relying on paras. 50 and 52 of the reasons of Monahan J.A. relating to the legal error of failure by the trial judge to provide sufficient reasons. Therefore, the appeal is allowed, and the convictions for sexual interference and sexual assault are restored.
Cases cited
- 2023 ONCA 584 2023 ONCA 584 ¶ 1