H. Limheng

The appellant was involved in a single-vehicle accident and walked to a nearby restaurant to use a phone.

A police officer arrested him in the restaurant washroom for failing to remain at the scene under the Highway Traffic Act.

This arrest led to impaired driving and refuse breath sample charges.

At trial, the judge upheld the arrest as lawful.

On appeal, the Superior Court found the trial judge erred by failing to assess whether the officer's subjective belief that an offence occurred was objectively justifiable in the circumstances.

The conviction appeal was allowed and a new trial ordered.

The Ontario Review Board conducted an annual review of the disposition for a young person previously found unfit to stand trial on sexual assault charges.

The Board accepted the joint recommendation of the parties and the medical evidence that the accused remains unfit to stand trial, though not permanently unfit.

The Board ordered the continuation of the detention order with the same terms as the previous year, noting the accused's significant progress and medication compliance.