J. Rabinovich

This criminal trial concerned charges of threatening death, assault with a weapon, and breach of probation against the accused.

The charges stemmed from an altercation between the accused and the complainant, who had a prior history, including a previous assault conviction of the accused against the complainant.

The court assessed the credibility and reliability of the Crown's two witnesses (the complainant and an independent eyewitness) against the accused's testimony, applying the principles from R. v. W.D. The court found the Crown's witnesses credible and reliable, rejecting the accused's self-defence claim and his overall testimony.

The accused was found guilty on all three counts.

This is a retrial of charges of impaired care or control and over 80 care or control of a motor vehicle.

The accused was found in the driver's seat of a disabled vehicle on the side of a highway off-ramp at 2:00 a.m. after a single-vehicle accident.

The Crown argued the accused was driving when the accident occurred and remained in care or control thereafter.

The defence argued insufficient evidence of operation prior to 2:00 a.m. and that care or control was not established beyond a reasonable doubt.

The court found that while the statutory presumption of care or control applied due to the accused's position in the driver's seat, this presumption was rebutted on the evidence.

The accused had called for a tow truck, the vehicle was disabled and could not be operated, the engine remained off throughout, and the accused never attempted to start the vehicle.

No realistic risk of danger was created by the accused's conduct.

Additionally, impairment was not proven beyond a reasonable doubt.

The accused was acquitted on all counts.