David Jason Rose

The accused was charged with driving with excess alcohol following a roadside stop in the early morning hours of October 14, 2012.

The Crown relied on breath test results showing readings of 179 and 173 milligrams of alcohol in 100 millilitres of blood.

The defence challenged the admissibility of the breath test results on two grounds: (1) the breath technician failed to record the expiry date of the alcohol standard solution used in the Intoxilyzer 8000C device, and (2) the tests were not taken as soon as practicable as required by statute.

The court found that the technician's testimony regarding the suitability of the standard solution was sufficient, and that the total delay from roadside stop to breath testing was reasonable and within statutory requirements.

The accused was found guilty.

The accused brought a pre-trial application seeking to allow collateral attack on Employment Standards Act orders, alternatively seeking a stay of proceedings for abuse of process, and alternatively seeking a declaration that certain sections of the Employment Standards Act were unconstitutional.

The accused had been charged with failing to comply with orders to pay outstanding wages to employees.

The accused argued he was impecunious and unable to meet the statutory requirement to pay or post a letter of credit to appeal the orders.

The court rejected all three applications, finding that the rule against collateral attack applied, that no abuse of process had occurred, and that the relevant statutory provisions did not violate the Charter.