Howard Francis Morton

Two brothers were charged with assault against their cousin, with whom one was in a common law relationship.

The alleged assault occurred on January 18, 2016.

The complainant recanted her allegations at trial, denying she had been assaulted.

The only evidence supporting the Crown's case was hearsay testimony from the complainant's sister regarding statements made contemporaneous to the alleged assault.

The court found the hearsay admissible under the Khan principles but determined that the Crown had not met its burden of proof due to insufficient particulars, questionable witness reliability, and reasonable doubt regarding what actually occurred.

The charges were dismissed.

The accused was charged with driving while impaired by alcohol and driving with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.

The Crown presented evidence from a civilian witness, a police constable, and a breath technician showing signs of impairment and breath readings of 190 and 180 milligrams.

The accused testified that he had consumed only two beers before driving and consumed a 13-ounce bottle of vodka after arriving at the Home Depot parking lot.

The court found credible evidence supporting the post-driving consumption of alcohol and, considering all evidence together, harboured a reasonable doubt as to whether the accused's ability to operate a motor vehicle was impaired at the time of driving.

The accused was acquitted on both counts.