Law360 Canada ( June 5, 2026, 10:34 AM EDT) -- Appeal by Berg from a judgment of the Saskatchewan Court of Appeal which affirmed his conviction for sexual assault. The main issue before the trial judge was whether the complainant had consented to sex with Berg. Both testified at trial and it was common ground that the sexual activity in question included sexual intercourse. The complainant said that she did not consent to the sexual activity and that Berg forced himself on her. Berg, for his part, claimed that the entire encounter was consensual. Although the trial judge noted that he had no reason to reject Berg’s testimony when considered in isolation, he nevertheless accepted the complainant’s testimony. He rejected Berg’s account of the events and, as a result, found him guilty of sexual assault. The majority of the Court of Appeal dismissed Berg’s appeal. Before the Court, Berg argued that the trial judge failed to resolve material inconsistencies in the complainant’s testimony and failed to assess the complainant’s testimony in light of the totality of the evidence and erroneously used it to reject his account of the events....