Law360 Canada

SCC settles appellate courts’ clash over evidentiary requirements for impaired driving convictions

Photo of Supreme Court Justices Malcolm Rowe and Mary Moreau

In joint reasons for the Supreme Court’s majority in two impaired driving appeals, Justices Malcolm Rowe (left) and Mary Moreau wrote that it was clear that 2018 Criminal Code amendments were designed to ‘create a simplified route to proving an accused’s blood alcohol concentration that is anchored in the scientific consensus on the reliability and accuracy of breath alcohol test results.’

Friday, November 14, 2025 @ 7:15 PM

Ruling 8-1 on the Criminal Code’s evidentiary requirements for impaired driving convictions, the Supreme Court of Canada has clarified that (1) the Crown does not have to prove at trial (but must disclose to the defence) the target value used in a breath test for alcohol and (2) the Crown can rely on a certificate from a qualified technician who administered the breath test to prove the breath machine was properly calibrated. ... [read more]

Appeal court certifies class action on alleged illegal insurance deductible

Monday, November 17, 2025 @ 4:41 PM

The Newfoundland and Labrador Court of Appeal has allowed an appeal and certified a class action against Aviva General Insurance Company for applying an alleged illegal deductible related to travel for injury treatment. ... [read more]

Decision reinforces test to use when looking at liability under Ontario municipal rules, lawyer says

Monday, November 17, 2025 @ 3:41 PM

A cyclist who suffered a life-altering spinal cord injury in a 2019 bicycling accident has had his lawsuit against the City of Hamilton revived by Ontario’s top court, which found a motion judge applied the wrong legal standard in dismissing the case under provincial legislation that allows municipalities to avoid liability for certain accidents. ... [read more]

Federal Court upholds CRA denial of tax relief request based on director’s mental health

Friday, November 14, 2025 @ 3:58 PM

The Federal Court has upheld a Canada Revenue Agency (CRA) decision to deny a company’s request for waiver of tax penalties and interest, finding that the agency reasonably rejected claims that the sole director’s mental health and financial difficulties impaired his tax compliance during the relevant period. ... [read more]

B.C. boosts resources for extortion task force targeting threats in South Asian community

Friday, November 14, 2025 @ 3:36 PM

The B.C. RCMP has announced an increase of resources to support ongoing investigations, suppression and enforcement relating to extortion cases and threats largely affecting the South Asian community. ... [read more]