P. Kumar

The defendants sought their costs of defending a civil action after the Workplace Safety and Insurance Appeals Tribunal ruled the plaintiff's claim was barred by the Workplace Safety and Insurance Act.

The plaintiff argued the defendants should have brought the WSIA application earlier to avoid unnecessary litigation costs.

The court agreed that the defendants should have been aware of the WSIA issue by the time productions were delivered and limited their costs recovery to the end of the pleadings stage, awarding $4,181.

The accused was charged with "over 80" and impaired driving following a RIDE spot check.

The defence brought a Charter motion arguing that police breached the accused's right to counsel under s. 10(b) of the Charter.

The accused, a Vietnamese immigrant with limited English proficiency, was not provided with an interpreter despite "special circumstances" indicating he could not meaningfully understand his rights to counsel.

The court found the police breached the accused's Charter rights by failing to obtain interpreter services through the CanTalk system.

The breath sample evidence was excluded under s. 24(2) of the Charter as its admission would bring the administration of justice into disrepute.

The court also found the accused not guilty of impaired driving on the merits, as the evidence of impairment was insufficient.