J. David Helson

The appellant appealed his conviction and sentence, arguing that his initial detention lacked articulable cause and that evidence obtained during a subsequent search should be excluded under s. 24(2) of the Charter.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's conclusion that articulable cause existed.

Furthermore, the court held that the arrest preceding the search was lawful, and the evidence would not have been excluded even if the initial detention was unlawful.

The applicant was injured in a motor vehicle accident and received no-fault benefits, which were later terminated by the insurer.

The applicant applied for mediation.

The mediator issued a report stating the dispute was settled, but the applicant maintained no settlement was reached and applied for arbitration.

The insurer raised a preliminary objection, arguing the matter was settled and could not be arbitrated under section 281(2) of the Insurance Act.

The arbitrator found that the parties were never ad idem regarding the purported settlement, as evidenced by the applicant's immediate actions to clarify the misunderstanding and proceed with mediation.

The preliminary objection was dismissed, allowing the applicant to proceed to arbitration.