Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Ontario Court of Appeal dismissed Mr. Salvati’s conviction appeal, holding the trial judge reasonably assessed the witness’s credibility despite an unaddressed motive to lie.
Bail pending appeal was refused because the appellant’s repeated breaches of court orders and driving-related misconduct made detention necessary in the public interest.
On the totality of circumstances known to the arresting officer at the roadside (repeated lane swerving, extremely strong odour of alcohol at distance and up close, slurred speech, fumbling for documents, activation of wipers/high beams, bar bracelet and officer experience), the Crown proved on a balance of probabilities that the breath demand and arrest were reasonable under ss.8 and 9 of the Charter; the Crown also proved the offences beyond a reasonable doubt (convictions entered; stay on impaired operation ordered).
Source excerpt
Although the trial judge committed legal errors—mischaracterizing the defence as an alibi, improperly using the s.258(3) adverse inference on identity, and failing to clearly confine use of the criminal record—the evidence that the appellant was the driver was overwhelming and there was no realistic possibility a properly instructed trier of fact would acquit; convictions are therefore affirmed under the proviso to avoid a miscarriage of process.
Source excerpt
The Crown failed to prove beyond a reasonable doubt that the accused was the driver at 3:45 a.m. because the eyewitness identifications were unreliable and tainted by flawed identification procedures and the circumstantial evidence, while persuasive, permitted other reasonable inferences (notably a change of driver).
Source excerpt
The appellate court held the sentence was reasonable: the trial judge did not err in law by refusing one-for-one credit for time in a rehabilitation centre after having expressly accounted for rehabilitation in reducing the sentence, and the 'step' and 'gap' principles were not breached given the appellant's extensive prior record.
Source excerpt
Even if the trial judge erred in principle, the imposed sentence was nonetheless fit given the appellant's BAC was over three times the legal limit, he caused one death and seriously injured another; therefore the lifetime driving prohibition was warranted as this was his third drinking and driving offence and the appeal is dismissed.
Source excerpt
The Court of Appeal dismissed multiple criminal appeals and extension applications brought by Mr. Gasztonyi for want of prosecution and procedural non-compliance.
The custodial sentence of 23 months was upheld because the appellant's extensive history of impaired driving, breaches of probation and the dangerous nature of the offence justified imprisonment; the restitution order was deleted because the trial judge did not consider the appellant's ability to pay and the basis for the amount was unclear on the record.
Source excerpt
The Crown appeal was allowed in part, and the Court added 18 months of probation to the respondent’s conditional sentence with specified conditions.
Explore more
