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Tort 2013 BCCA 236

Van Tent v. Abbotsford (City)

The Court of Appeal upheld liability against Abbotsford and Jake’s Contracting for inadequate construction-zone warnings, and maintained the 80/20 fault split.

  • Duty of care
  • Standard of care
  • Causation
  • Apportionment of liability
  • Construction zone signage
  • Statutory and regulatory guidance
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Criminal law 2010 NSPC 66

R. v. Beals

Given the totality of the accepted evidence the officer had reasonable grounds to demand a breath sample; the ASD arrived within approximately one minute and the entire screening process occurred within about ten minutes so the demand was made and complied with 'forthwith'; the accused made two inadequate attempts and unambiguously refused further attempts, demonstrating the requisite intent; no credible evidence challenged the ASD's operation so the Crown proved actus reus and mens rea beyond a reasonable doubt and conviction was warranted.

  • Refusal to provide breath sample
  • Approved screening device (asd)
  • Reasonable grounds to demand
  • Meaning of 'forthwith'
  • Calibration and reliability of testing equipment
  • Admission and weight of officer opinion evidence
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.