Law360 Canada ( July 9, 2022, 6:18 AM EDT) -- Appeal by Arno from his conviction for sexual assault on the grounds that the trial judge erred by failing to apply the criminal standard of proof and by misapprehending evidence. Arno and the complainant were cohabitating at the relevant times. The complainant was unfamiliar with Canadian laws regarding sexual assault but was advised of those laws some time after the first of the assaults had occurred. The complainant ceased living with Arno and shortly after, Arno called her on a cellphone and part of that conversation was captured in the Recording. Arno was charged for sexually assaulting the complainant. Arno testified and denied the sexual assaults and argued the complainant fabricated her allegations. As part of his defence, he adduced the audio recording of the end of a telephone conversation with the complainant. The trial judge rejected this contention and based on her assessment of the witness’s credibility, convicted Arno....