Jean Paul Palmentier

The accused was charged with multiple offences arising from a motor vehicle accident on February 9, 2013, in which his car struck a snowmobile operated by a 16-year-old, causing serious injuries.

The trial proceeded as a blended voir dire regarding alleged Charter breaches.

The court excluded evidence obtained through unconstitutional questioning and breath samples derived therefrom, but admitted evidence of alcohol odour.

The court found the accused guilty of dangerous driving causing bodily harm, failing to remain at the scene with knowledge of bodily harm, breach of probation, and obstruction of justice, but acquitted on the impaired driving charge due to exclusion of breath samples.

The court found the accused was impaired by alcohol and that his impairment was a significant contributing cause of the collision.

The accused, an OPP officer, was charged with attempted murder, arson, and administering a noxious substance after a fire broke out in her daughter-in-law's bedroom.

The Crown alleged the accused drugged the victim's drink with diphenhydramine during a visit to discuss a bitter custody dispute, then set fire to the bedroom closet once the victim was asleep.

The court applied the W.(D.) framework to assess credibility and expert evidence regarding the fire's origin and the toxicology results.

The accused was found guilty of arson and administering a noxious substance, but acquitted of attempted murder as the specific intent to kill was not proven beyond a reasonable doubt.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the licensee's liquor licence following a fatal motor vehicle accident involving a patron who had attended a corporate Christmas party at the licensee's banquet hall.

Toxicology evidence established that the patron's blood alcohol concentration was more than twice the legal limit at the time of death.

However, witness testimony indicated that the patron did not exhibit visible signs of intoxication during the event, likely due to functional tolerance.

The Board dismissed the allegations, finding insufficient evidence that the licensee knew or ought to have known of the patron's drunkenness or that the patron appeared intoxicated when served.