General Principles

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

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