2 total
Motion for further and better particulars dismissed as requested information was either sufficient or for discovery.
The plaintiff brought a motion for further and better particulars of the defendants' statement of defence.
The plaintiff's counsel initially appeared as both counsel and witness, leading to an adjournment and the withdrawal of his affidavit.
The court reviewed the demands for particulars and found that, with a few clarifications agreed to by the defendants, the existing particulars were sufficient to permit the plaintiff to plead.
The court held that the remaining requests were matters for discovery, not particulars, and dismissed the motion.
Appeal of licence suspension dismissed; appellant failed to prove medical inability to provide breath sample.
The appellant appealed a 90-day administrative driver's licence suspension imposed after she failed to provide a breath sample upon demand.
She argued that she was unable to comply for medical reasons, specifically vertigo and anxiety stemming from a past ear surgery.
The Licence Appeal Tribunal dismissed the appeal, finding that the medical evidence provided by a physician who had not treated her in 15 years failed to establish a rational connection between her condition and an inability to blow into the test device.
The suspension was confirmed.