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Criminal law 2015 SCC 6

R. v. Goleski

The Supreme Court of Canada held that s. 794(2) of the Criminal Code places a persuasive burden on the accused to prove a legally recognized excuse for refusing a breath sample.

  • Failure to provide breath sample
  • Burden of proof
  • Reasonable excuse
  • S. 794(2) criminal code
  • Criminal-law
  • Burden-of-proof
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Criminal law [1998] 1 SCR 753

R. v. Reed

The Supreme Court of Canada dismissed an appeal in a dangerous driving causing death case, agreeing the accused’s driving was a marked departure from the norm.

  • Dangerous driving causing death
  • Marked departure standard
  • Dangerous-driving-causing-death
  • Criminal-law
  • Motor-vehicles
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Criminal law [1997] 1 SCR 356

R. v. Russell

The Supreme Court of Canada dismissed an appeal in a dangerous driving causing death case, holding the trial judge properly applied R. v. Hundal.

  • Dangerous driving causing death
  • Standard of care
  • Conviction appeal
  • Application of precedent (r. v. hundal)
  • Dangerous-driving-causing-death
  • Standard-of-care
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Torts [1994] 1 SCR 670

Galaske v. O'Donnell

The Supreme Court held that a driver may owe child passengers a duty to take reasonable steps to ensure seat belts are worn, even if a parent is present.

  • Duty of care
  • Standard of care
  • Seat belts
  • Contributory negligence
  • Liability of driver to child passengers
  • Duty-of-care
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Criminal law [1980] 1 SCR 1089

R. v. Crosthwait

The Supreme Court held that a breathalyzer certificate complying with s. 237(1)(f) was admissible, and speculative doubts about a check test did not rebut it.

  • Breathalyzer
  • Certificate of analysis
  • Rebuttable presumption
  • Admissibility of scientific evidence
  • Interpretation of criminal code s.237
  • Certificate-of-analysis
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Motor vehicles [1978] 2 SCR 342

Keizer v. Hanna and Buch

Appeal allowed in part in a fatal accidents action; the Court upheld Buch’s statutory ownership liability and fixed net damages at $93,500.

  • Vicarious liability under vehicle registration
  • Fatal accidents act damages
  • Deductibility of income tax in damages
  • Contingency deduction in capitalisation
  • Discount rate/actuarial valuation
  • Highway traffic act s.132 ownership
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Tort [1977] 2 SCR 521

Phillips v. Roy et al.

The Supreme Court of Canada dismissed an appeal in a motor vehicle negligence case, holding there was no basis to disturb concurrent findings that negligence was not proven.

  • Negligence
  • Concurrent findings of fact
  • Appellate review
  • Motor-vehicle-accident
  • Appellate-review
  • Concurrent-findings-of-fact
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Motor vehicles [1977] 2 SCR 1112

Voyageur Provincial Inc. v. Guidolin

The Supreme Court of Canada dismissed Voyageur Provincial Inc.’s appeal in a motor vehicle negligence case, upholding the Court of Appeal’s finding of liability.

  • Standard of care
  • Appellate review of facts
  • Liability of carrier
  • Highway code compliance
  • Motor-vehicle-negligence
  • Appellate-review-of-facts
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Torts [1977] 2 SCR 271

Silburn v. Antagon Construction Co. Ltd.

The Supreme Court of Canada dismissed the appeal, upholding divided liability and reduced damages after a motorist hit gravel left on the road by a contractor.

  • Negligence
  • Contributory negligence
  • Quantum of damages
  • Foreseeability
  • Appellate review of findings of fact
  • Contributory-negligence
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Motor vehicles [1977] 1 SCR 713

Loubier v. Vallerand et al.

The Supreme Court of Canada restored the Superior Court judgment, holding that the Court of Appeal should not have disturbed the trial judge’s factual findings in a motor vehicle negligence case.

  • Collision with child
  • Presumption of fault against owner
  • Highway victims indemnity act s.3
  • Standard of appellate review of facts
  • Motor-vehicle-negligence
  • Appellate-review-of-facts
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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.