Varda Anwar

The accused was tried on multiple charges arising from an LCBO theft, a struggle with two loss prevention officers, and a bottle thrown during flight that caused a complainant to suffer fractures, a seizure, and an epidural hematoma.

The court held that the injury evidence proved the bodily harm met the statutory definition of aggravated assault because the brain bleed endangered life.

However, the threatening words evidence was too unclear to prove a threat beyond a reasonable doubt, and the recognition identification evidence was inadequately developed and unreliable in light of the fleeting, stressful observation.

Because identity was not proven beyond a reasonable doubt, the accused was acquitted on all counts.

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

The accused was involved in a motor vehicle collision and subsequently provided breath samples showing elevated blood alcohol readings.

The accused brought Charter motions challenging the lawfulness of the detention, search, and breath demand.

The court found that the officer's suspicion of impairment was objectively reasonable, the search of the vehicle was authorized under the ancillary police powers doctrine, and the right to counsel was not violated.

The court acquitted the accused of impaired operation but convicted on the blood alcohol concentration charge.