R. v. C.D.

Decided: 2026-10-20. Docket: COA-24-CR-1238. Citation: 2026 ONCA 736 (CanLII). Criminal and statutory offences — Appeal — Sexual assault, sexual interference — Whether appellant’s admission of opportunity was treated as inculpatory evidence — Defence relied on implausibility given crowded and busy house — Trial judge used admission to rebut implausibility submission as “confirmation” of opportunity — No reasoning error — Appeal dismissed | Evidence — Similar fact evidence — Cross-count admissibility — Whether similar fact evidence was wrongly admitted due to inadvertent tainting — Air of reality to tainting and Crown burden on balance of probabilities — Similarities in “blindfold game” and situation-specific similarities relied upon — Probative value versus prejudice in judge alone trial —