Who is Justice Wendl J.?

Justice Wendl J. is an Ontario judge at the Court of Justice with 4 decisions on record from 2019 to 2019. Key areas include criminal and quasi-criminal law.

What court does Justice Wendl J. sit in?

Justice Wendl J. sits at the Court of Justice.

What areas of law does Justice Wendl J. specialize in?

Justice Wendl J.'s most common areas include Criminal and Quasi-Criminal Law (4 cases). Justice Wendl J. has handled 4 cases across 1 practice areas.

How many cases has Justice Wendl J. decided?

Justice Wendl J. has 4 reported decisions from 2019 to 2019.

What lawyers frequently appear before Justice Wendl J.?

Top counsel appearing before Justice Wendl J. include Tom Meehan, Marilyn Denise Dolby, Robert Daniel Wulkan.

Justice Wendl J.

4 total

R. v. Gray, 2019 ONCJ 661

The accused pleaded guilty to operating a conveyance while impaired by a drug contrary to section 320.14(1)(a) of the Criminal Code.

Although this was the accused's first impaired driving conviction, he had an extensive driving record with 16 infractions since April 2018, including careless driving, multiple driving while suspended offences, and driving with alcohol in blood as a novice driver.

His license was suspended at the time of the offence.

The Crown sought a conditional sentence based on the substantial driving record.

The court imposed a two-month conditional sentence and an elevated two-year driving prohibition.

OCJSep 23, 2019

R. v. Gorman, 2019 ONCJ 261

The defendant was charged with impaired operation of a motor vehicle by a drug.

The defendant requested rolling logs as part of disclosure.

The Crown denied the request on two grounds: (1) new evidence demonstrated the rolling logs were not relevant, and (2) new legislation prohibited their disclosure.

The court considered whether it could revisit binding precedent from R. v. Stipo, which held that rolling logs are relevant and must be disclosed.

The court applied the doctrine of stare decisis and the exceptions to revisiting binding authority, finding that neither the new evidence nor the legislative changes met the high threshold required to depart from precedent.

The court granted disclosure of the rolling logs.

OCJApr 25, 2019

R. v. Effting, 2019 ONCJ 14

The accused pleaded guilty to impaired driving.

A Gardiner Hearing was conducted because the accused sought to plead guilty to a materially different set of facts than those alleged by the Crown.

The Crown proved beyond a reasonable doubt that the accused was impaired while driving with his 16-month-old daughter in the vehicle.

The accused's blood alcohol level was 248 milligrams per 100 milliliters of blood, three times the legal limit.

The court rejected the accused's testimony that he had consumed alcohol only after returning home, finding it inconsistent with the toxicological evidence and the observations of the former partner.

The accused was sentenced to 75 days incarceration, 12 months probation, and a 3-year driving prohibition.

OCJJan 10, 2019

R. v. Kelly, 2019 ONCJ 4

The accused was charged with impaired driving and driving with over 80 milligrams of alcohol per 100 millilitres in his blood.

The Crown withdrew the impaired charge during trial.

The court addressed two issues: whether the officer had reasonable and probable grounds to arrest and make a demand, and whether the breath certificate was properly served pursuant to section 258(7) of the Criminal Code.

The court found the officer had reasonable and probable grounds based on speeding, lane deviation, glassy and watery eyes, odour of alcohol, difficulty locating identification, and inconsistent statements about alcohol consumption.

However, the court found the Crown failed to prove proper service of the certificate of analysis, as the officer showed but did not give the certificate to the accused, and there was no evidence it was provided in disclosure.

The accused was acquitted.

OCJJan 7, 2019