Narvin Radhamohan

The applicant brought a summary judgment motion to enforce Final Minutes of Settlement, which the respondent refused to comply with.

The respondent did not file responding materials or appear at the motion.

The court found the Final Minutes to be a valid and binding domestic contract, enforceable as a court order, as all essential terms were agreed upon and formalities met.

The court also addressed the respondent's unreasonable conduct in the litigation history, leading to a costs award against her.

The accused was charged with operating a motor vehicle while impaired by alcohol and operating a motor vehicle with a blood alcohol concentration exceeding the legal limit.

The charges arose from a motor vehicle collision on Steeles Avenue and Airport Road in Brampton on September 19, 2010.

The Crown's case relied on eyewitness identification by the victim of the collision, observations of the accused's condition by police officers, and breath analysis results.

The defence challenged the admissibility of evidence on Charter grounds, alleging violations of sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms.

The court found a breach of section 10(b) regarding the timing of the right to counsel but excluded only statements made during the breach period.

The breath analysis evidence was admitted.

The accused was found guilty on both counts.