2 total
The plaintiff's airline compensation claim was struck as time-barred and an impermissible collateral attack.
The defendant, Compagnie Nationale Royale Air Maroc, brought a motion to strike the plaintiff's statement of claim and dismiss his action on three grounds: preclusion by Article 35 of the Montreal Convention, being statute-barred by the Limitations Act, 2002, and being barred by issue estoppel, collateral attack, and abuse of process due to a prior Canadian Transportation Agency decision.
The court found that the claim was extinguished by the Montreal Convention's two-year limitation period, was statute-barred by the Limitations Act, and constituted an impermissible collateral attack on a final administrative decision.
The motion was granted, the statement of claim was struck, the action was dismissed, and costs were awarded to the defendant.
The defendant was convicted of impaired driving causing bodily injury but acquitted of dangerous driving due to an inadequate police investigation.
The defendant, Sarah Lepine, faced charges of impaired driving, impaired driving causing bodily injury, and dangerous driving causing bodily injury following a single-vehicle rollover collision.
The defence challenged the admissibility of hospital blood test records via a Garifoli application, which the court dismissed, finding the Information to Obtain (ITO) sufficient.
The court found the defendant guilty of impaired driving and impaired driving causing bodily injury based on blood alcohol evidence and expert opinion.
However, the court acquitted the defendant of dangerous driving causing bodily injury, citing an "abysmally inadequate investigation" by the police that failed to establish a "marked departure" in the manner of driving beyond a reasonable doubt.
