Moldaver J.
Moldaver J. — We agree with the conclusion of the Court of Appeal. In particular, taking the record at its highest for the appellant, there was no evidence that the appellant took any reasonable steps to ascertain whether the complainant was consenting to sexual relations following her initial rejection of the appellant’s sexual advances. With respect, the trial judge erred in law in finding that there was some evidence that he had taken reasonable steps as required by s. 273.2 (b) of the Criminal Code , R.S.C. 1985, c. C-46 .
Accordingly, the appeal is dismissed.