Law360 Canada (May 23, 2023, 9:23 AM EDT) -- Appeal by Fay from his conviction for sexually assaulting JW. Fay was charged in a one count indictment with the sexual assault of JW. The Crown alleged that the offence occurred in the residence of AB, JW’s friend. Fay was introduced to JW when she attended a birthday party at a local pub with AB. After the birthday party, JW went to sleep at AB’s house. Fay was also at AB’s house. JW alleged that she woke realizing that someone was lying directly behind her and feeling a hand under her underwear. When she turned, she realized it was Fay. Fay denied that he ever entered JW’s room or touched her. The Crown argued he went to AB’s home because he was hoping to go to an after-hours party at a private residence and continue to party. The Crown argued that Mr. Fay’s evidence that he went to AB’s home to discuss Hereford bulls, defied belief. The judge found that each of JW, AB and ED (co-worker of Fay) were straightforward and credible witnesses. However, he found that ED’s evidence about Fay’s apparent sobriety when he picked him up at AB’s property carried little weight. Fay contended the judge erred in rejecting his evidence as being completely unbelievable that he would make the effort of going to AB’s house to talk about Hereford bulls. Furthermore, Fay argued the judge erred in giving ED’s evidence little weight as corroborative of his evidence that he was not very intoxicated. Fay submitted that in committing these errors, the judge misapprehended evidence and engaged in speculative reasoning....