Ms. Smith

The Ontario Court of Justice found Biplove Kumar guilty of impaired operation and excess blood alcohol operation following a collision with an ambulance.

The court addressed multiple Charter challenges raised by Kumar, including alleged violations of sections 8, 9, and 10(b) of the Charter concerning unreasonable seizure, unlawful arrest, and rights to counsel.

The court found Kumar was not detained in the ambulance prior to arrest, that police had reasonable and probable grounds for arrest and breath demand, and that the police acted with reasonable diligence in facilitating access to counsel.

The court also rejected claims of excessive force and found Kumar’s testimony lacked credibility, relying heavily on body-worn camera footage and witness testimony.

The Children's Aid Society sought an order placing four children in its temporary care and custody following an incident where the mother allowed unapproved individuals into the home, breaching a previous supervision order.

The parents sought the return of the children under a new supervision order.

The court found that while the mother breached the order by allowing unapproved visitors, the parents had otherwise acted responsibly and were addressing the children's needs.

The court ordered that all four children be returned to the temporary care and custody of the parents, subject to strict conditions under a supervision order.

The mother appealed two orders: a temporary order denying her request for an adjournment, and a final order granting summary judgment to the Children's Aid Society on a status review application.

The summary judgment order continued the placement of the children with their father subject to Society supervision and denied the mother access.

The mother argued she was denied procedural fairness and that there were genuine issues for trial regarding her compliance with previous court orders requiring mental health treatment.

The Superior Court of Justice dismissed the appeals, finding the motion judge made no errors of law or fact, the mother failed to provide evidence of compliance with the previous orders, and there was no genuine issue for trial.