B. Daley

The accused was charged with operating a conveyance with a blood alcohol concentration over 80mg.

At trial, the accused argued her s. 10(b) Charter right to counsel was violated due to a seven-minute delay between her arrest and the reading of her rights.

The court found no Charter violation, concluding the delay was justified by the officer's need to secure the accused, conduct a search incident to arrest, and ensure safety.

The court further held that even if a breach had occurred, the breath sample evidence would not be excluded under s. 24(2).

The accused was found guilty.

The plaintiffs sought an order extending a Mareva Injunction and Norwich Order, and for production of bank accounts.

The defendants sought a variance of the Mareva Injunction to unfreeze a bank account to allow business transactions in the ordinary course, prevent interference with third-party suppliers, and allow for the payment of legal expenses.

The court granted the relief sought by the parties on consent.