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Certification was granted in part in this Elmiron class action, certifying only Janssen’s failure-to-warn issue for a limited period and rejecting the remaining claims.
Appeal from a speeding conviction dismissed. The court held the justice of the peace did not misapprehend the radar evidence or apply the wrong legal test.
Judicial review of a 90-day administrative driving prohibition was dismissed. The Court found the adjudicator reasonably relied on the report, breath tickets, and no-certificate explanation.
The court convicted the accused of impaired driving but acquitted him of the blood-alcohol count after finding the blood sample’s continuity was not proved.
Because the Breathalyzer Model 900A reports to tenths and truncation is standard practice that gives the accused the benefit of any doubt, truncated readings do not constitute "evidence to the contrary" under s.258(1)(c); the certificate readings were reliable and the accused was properly convicted.
Source excerpt
Qualified operator testimony that the unit passed the manufacturer's tests on the date in issue, combined with a recent independent comparative test showing identical readings between the laser and an accurate radar device, provides a sufficient circumstantial guarantee of trustworthiness to admit the laser speed reading as prima facie evidence; absent contradictory evidence the conviction must stand.
Source excerpt
The Supreme Court of Canada dismissed Osborne’s appeal, upholding a trafficking conviction for amphetamine and finding no legal error in the evidence rulings or the Court of Appeal’s decision.
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.
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