R. Matthew Barteaux

The appellants appealed a decision refusing an adjournment in an oppression remedy proceeding under the Business Corporations Act.

The Court of Appeal dismissed the appeal for lack of jurisdiction, holding that the decision not to adjourn was an order ancillary to the OBCA proceeding and therefore appealable to the Divisional Court under s. 255 of the OBCA.

The appellant, an off-duty police officer, was convicted of impaired driving causing death and bodily harm following a motor vehicle collision.

He appealed his convictions, arguing the trial judge erred by refusing to give a special jury instruction on the frailties of eyewitness confidence, and that his Charter rights were violated during the seizure of blood and breath samples.

The Court of Appeal dismissed the conviction appeal, finding the jury instruction was unnecessary and the evidence was lawfully obtained.

The appellant's sentence appeal seeking a conditional sentence or reduced term from his 21-month imprisonment was also dismissed.