The appellant appealed a summary conviction for failing to provide a breath sample, arguing ineffective assistance of trial counsel.
The alleged deficiencies were counsel’s abandonment of a Charter s. 11(b) delay application and the failure to call medical expert evidence supporting the defence that anxiety prevented the appellant from providing a breath sample.
Applying the test from R. v. G.D.B., the court held the appellant failed to establish either unreasonable professional conduct or resulting prejudice.
The trial judge had rejected the appellant’s factual account, meaning any expert opinion based on that account would not have altered the outcome.
The court dismissed the appeal and lifted the stay of the driving prohibition.
