The accused was charged with impaired driving causing death, dangerous driving causing death, and refusing to provide a breath sample after his vehicle plunged into Lake Ontario, resulting in the death of a passenger.
The Crown relied on circumstantial evidence to prove the accused was driving.
The court accepted the accused's testimony that he and the deceased had switched seats prior to the accident, raising a reasonable doubt as to identity.
The court also found that the accused's symptoms of impairment were equally consistent with hypothermia, and that the breath demand was not unequivocal.
The accused was acquitted on all counts.