General Principles

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The standard of "reasonable doubt" does not apply when a judge is dealing with individual items of evidence and not  the ultimate question of whether guilt was proved: R v MacIsaac, 2017 ONCA 172 at para 72

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While the Crown is generally bound to prove the formal particulars of the offence charged, it is not bound to prove the theory that it advances in order to secure a conviction. Rather, a conviction is based on proof of the necessary elements of the offence. Accordingly, there is no general proposition that once the Crown presents a particular theory of a case, it would be unfairly prejudicial to the accused to allow the trier to convict on a different theory: R v Grandine, 2017 ONCA 718 at para 63