Constable Scott Walker

The applicant appealed the City of Toronto's failure to make a decision on applications for a zoning by-law amendment and plan of subdivision to permit three residential apartment towers.

The parties reached a settlement.

Based on uncontradicted expert planning evidence, the Tribunal allowed the zoning appeal in part, approving the amendment in principle subject to conditions including the execution of agreements securing rental housing replacement.

The subdivision appeal was adjourned sine die.

The accused was charged with impaired operation of a vessel causing death and operating a vessel with a blood alcohol concentration over 80mg causing death, following a tragic boating accident where a water skier was struck and killed by the boat's propeller.

The central issue at trial was the identity of the driver of the boat at the time of the collision.

While the accused made statements shortly after the accident suggesting she was the driver, the court found these statements unreliable due to her hysterical state.

The only eyewitness who testified the accused was driving had significant inconsistencies in his evidence.

Applying the W.(D.) test, the court concluded the Crown failed to prove beyond a reasonable doubt that the accused was operating the vessel, resulting in an acquittal on all charges.