Hudson Manning

The accused was charged with impaired operation and operating a conveyance with a blood alcohol concentration over 80 mg after a single-vehicle collision.

The accused challenged the lawfulness of the roadside screening demand, her arrests, and the breathalyzer results under sections 8, 9, 10(b), and 7 of the Charter.

The court dismissed the Charter applications, finding the officer's actions lawful and reasonable despite the accused's transient anxiety and hyperventilation.

The court admitted the breath test results and found the accused guilty of both charges based on the conclusive breath readings and cumulative indicia of impairment.

The plaintiff, Oslyn Lewis, brought an action against The Hertz Corporation, Hertz Canada Limited, Hertz Canada Vehicles Partnership, and TD Canada Trust after a rental car was seized with his belongings inside.

The court granted summary judgment in favour of Hertz, finding that the parties had previously settled the dispute and Lewis had signed a release covering all claims.

The court found no evidence of breach of settlement or prejudice to the plaintiff, and that all claims—including those about being banned and alleged false statements to TD—were covered by the release.

The plaintiff, Justin Ngan, brought a motion to partially discontinue his claim, amend his pleadings, and certify the action as a class proceeding regarding the calculation of holiday and vacation pay by The Bank of Nova Scotia.

The defendant consented to the motion.

The court granted the orders, finding the amendments and discontinuance reasonable and the class action appropriate for certification.

The class includes employees who received incentive or variable compensation, and the common issues focus on whether such compensation should be included in statutory pay calculations under the Canada Labour Code.