Gerry Smits

The accused was charged with impaired driving and operating a motor vehicle with more than 80 mg of alcohol in 100 ml of blood following a single-vehicle collision.

The accused denied being the driver and claimed Charter violations regarding the right to counsel and unreasonable search and seizure.

The court found the accused was the driver based on credible eyewitness evidence and physical evidence from the collision.

No Charter violations were found.

The court concluded the accused's ability to operate the vehicle was impaired by alcohol and her blood alcohol concentration exceeded the legal limit at the time of the collision.

The applicant brought a motion for interim child and spousal support following the parties’ separation after a long-term marriage with three children.

The parties agreed to a without prejudice order for child support.

The applicant had previously earned approximately $70,000 annually but lost her employment when her employer went bankrupt and subsequently earned significantly less.

The court found the applicant had experienced a temporary financial need and had been disadvantaged by the parties’ marital arrangements that involved working from home while the respondent pursued a demanding career.

The court attributed income of $40,000 to the applicant and ordered interim spousal support for a limited period subject to review.