The verdict applies to a case where a couple met online.
The couple met one night in 2017 and had sex twice.
One time a condom was used – the other was not.
Condom part of consent
According to the prosecution, the woman did not know that the man did not use a condom the second time they had sex.
Had she known, she says she would not have agreed to have sex.
"Recognizing that condom use can be part of the sexual activity is also the only way to respect consent in every sexual act, every time," reads the ruling quoted by Reuters.
Convicted by dissenting court
A dissenting court chose on Friday to convict the man of sexual harassment.
"Because only yes can mean yes, and no means no, 'no, not without a condom' cannot mean 'yes, without a condom,'" Judge Sheilah Martin wrote, according to Reuters.
According to Canadian law, proof that there was a lack of consent for a certain form of sexual activity is required for it to count as sexual harassment.