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