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--- qc:laliberte_c._r._2026_qcca_1112 [2026/08/31 12:06] – created victorzhou
+++ qc:laliberte_c._r._2026_qcca_1112 [2026/08/31 12:07] (current) – victorzhou
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 [23] Therefore, the appellant did not state during his testimony that the complainant's testimony was made up or that the assault never took place((//R. v. Boyd (J.C.)//, 2005 MBCA 80 (CanLII), para. 6-7.)). By finding the contrary of the unambiguous statements((Judgment under appeal, para. 73.)), the trial judge committed an error of law. The presumption of the correct application of the law does not apply here.
-[24] The prosecution invites the Court to apply //Vuradin//((R. v. Vuradin, 2013 SCC 38, par. 13.)) and conclude that the trial judge simply accepted the testimony of the complainant when the testimonies of the appellant and the complainant conflicted. This cannot be the case here since, unlike in //Vuradin//, the trial judge committed an error of law during his evaluation of the appellant's denial, impacting his reasoning on the appellant's guilt.
+[24] The prosecution invites the Court to apply //Vuradin//((R. v. Vuradin, 2013 SCC 38, para. 13.)) and conclude that the trial judge simply accepted the testimony of the complainant when the testimonies of the appellant and the complainant conflicted. This cannot be the case here since, unlike in //Vuradin//, the trial judge committed an error of law during his evaluation of the appellant's denial, impacting his reasoning on the appellant's guilt.
 [25] The reversal of the burden of proof by the judge and his obvious error on the mere existence of a denial of facts by the appellant on the sexual assault had a palpable impact on the conclusion which states "[TRANSLATED] the accused's denial, in the context of the totality of the evidence, does not overcome the testimony of [the complainant] which supports the accusations against him"((Judgment under appeal, para. 115)). There are grounds for the Court to intervene.