Joseph Roger Richard Forget

The accused was charged with operating a motor vehicle with excess alcohol after being stopped at a RIDE program.

At trial, the defence argued that the presence of cell phones and police radios near the Intoxilyzer 8000C caused radio frequency interference (RFI), leading to a malfunction.

The court heard expert evidence on the machine's RFI safeguards but found no evidence that a malfunction actually occurred or that it would result in an artificially high reading.

The court concluded the defence's theory was speculative, failed to raise a reasonable doubt, and found the accused guilty.

The applicant requested an adjournment of the scheduled hearing due to a grave medical condition.

The respondent objected, citing the applicant's previous conduct and suspecting an attempt to prolong the matter indefinitely.

The Tribunal granted the adjournment on the condition that the applicant provide detailed medical documentation from a specialist, propose alternative hearing dates, and fulfill previously ordered pre-hearing filing requirements by a specified deadline.

The appellants appealed the dismissal of their professional negligence action against the respondent lawyer on a summary judgment motion.

The appellants alleged the respondent negligently conducted a property transfer by naming improper vendors.

The motion judge found no genuine issue for trial because, even if the respondent was negligent, the appellants suffered no damages as no person with the right to sell the properties would have done so for the proposed price.

The Court of Appeal agreed that without damages, there is no sustainable action in negligence, and dismissed the appeal.