His Majesty the King v. Bair, 2026 ONSC 91
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
His Majesty the King
– and –
Andray Bair
Appellant
COUNSEL:
Michael Michaud, for the Crown
Stephen Troyer, for the Appellant
HEARD: December 10, 2025
summary conviction appeal
Garson J.
Introduction
1Andray Bair, the appellant, appeals his convictions under the Criminal Code contrary to ss. 320.14(1)(a) and 320.14(1)(b) entered by Orsini J. in the Ontario Court of Justice on March 12, 2025. His trial took place on March 4 and 6, 2025.
2At his trial, the appellant sought an adjournment to pursue additional disclosure relating to possible misconduct by the breath technician, Officer Horan (“Horan”).
3The trial judge denied the adjournment request. After a contested voir dire, the trial judge allowed the Crown to file a copy of Horan’s Certificate of Qualified Technician (“CQT”).
4The trial judge convicted the appellant on both counts on the information and later conditionally stayed the impaired operation count.
5The appellant appeals his conviction and advances two main grounds of appeal:
i. The trial judge erred by denying the adjournment request; and
ii. The trial judge erred by admitting a