R.Y. Tremblay

The plaintiff professional corporation brought an action against the Law Society of Ontario, several individuals, and a Superior Court judge, seeking damages and declarations related to a previous unsuccessful application.

The defendants requested the action be dismissed under Rule 2.1.01.

The court dismissed the action as frivolous, vexatious, and an abuse of process, finding that the judge had absolute immunity, the plaintiff corporation had no cause of action, the issues had already been decided in the previous proceeding, and the pleadings contained inflammatory and bellicose language.

The appellant appealed her conviction for impaired care and control of a motor vehicle.

She was found intoxicated in the driver's seat of her parked, running vehicle facing oncoming traffic.

The trial judge found she rebutted the presumption of care and control by proving she did not intend to drive, but convicted her on the basis that the vehicle's position posed a realistic risk of danger.

The Superior Court of Justice allowed the appeal, finding the trial judge erred in law by shifting the burden of proof and requiring the appellant to prove on a balance of probabilities that she did not present a realistic risk of danger.

A new trial was ordered.