Law360 Canada (May 24, 2024, 2:30 PM EDT) -- Appeal by Da Silva from his conviction for sexually assaulting LC and failing to comply with court order. The appellant argued that the trial judge misapprehended evidence regarding LC’s size and limp and erred in criticizing the defence submission that the trial judge must be sure of the appellant’s guilt before convicting him. The appellant suffered a serious accident at work. After he left the hospital, he was under a court order to keep the peace. He arranged for a personal support worker to attend his home to help him with exercises and his shower. LC was assigned to attend his home. Shortly thereafter, the appellant was arrested on charges of sexual assault against LC and a breach of a court order. LC testified during trial that the sexual assault occurred during the visit. The appellant admitted there was a sexual contact but testified that LC initiated the contact. The appellant was found guilty of sexually assaulting LC and failing to comply with the court order. The trial judge reviewed all of the evidence adduced at trial, including his observations of the complainant over Zoom. After hearing the evidence, and observing LC testify and then leave the room, the trial judge held the appellant's evidence that LC looked pretty tall and strong was patently absurd....