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The court convicted the accused of impaired driving, finding police lawfully approached his side door.
The defendant was charged with impaired operation of a motor vehicle and operating with a blood alcohol concentration in excess of the legal limit.
The central issue was the police authority to enter private property to investigate a suspected impaired driver, specifically whether they exceeded their implied licence to knock and breached the defendant's Charter rights (sections 8 and 9).
The defence argued the police's purpose was to gather evidence and that they exceeded their authority by accessing a side entrance beyond a closed gate.
The court found that the police's purpose was to communicate and inquire, which falls within the implied licence, and that the licence extends to secondary entrances accessible to the public.
The court also found sufficient evidence to identify the defendant as the driver.
The defendant was found guilty of impaired operation, with the excess blood alcohol offence conditionally stayed.
The court awarded sole custody to the father and time-limited spousal support to the mother after finding her sexual abuse allegations against the father unproven.
This high-conflict family law case involved a dispute over parenting arrangements for a 10-year-old child and spousal support.
The applicant mother alleged sexual assault by the respondent father and sought no contact, while the father denied the allegations and sought to continue sole custody with expanded parenting time for the mother.
The court found the sexual assault allegations unproven and concluded that the parties' acrimony precluded co-parenting.
Sole custody was granted to the father, with a graduated expansion of the mother's parenting time.
Spousal support was awarded to the mother for a fixed period, with income imputed to her due to intentional unemployment.
