Accused had several alcoholic drinks and drove boat into tree, harming passengers

Whether it was reasonable to make breathalyzer demand not made at trial and should not be entertained on appeal

Criminal Law - OFFENCES AGAINST THE PERSON AND REPUTATION - Offences relating to vessels

Accused had several alcoholic drinks and drove boat into tree, harming passengers. Accused convicted of two counts of operating motor vessel while impaired, and appellant was sentenced to 18 months’ imprisonment, 12 months’ probation, and two-year driving prohibition Restitution, non-contact and victim surcharge orders were also imposed. Accused appealed sentence and conviction. Appeal dismissed regarding conviction and sentence varied. Conviction was based on totality of evidence, including evidence of alcohol consumption, and while particular element of conduct of accused might not have been consistent only with impairment, conclusion was properly based on all circumstances. There were reasonable and probable grounds for arrest, and police properly investigated accident. Argument regarding whether it was reasonable to make breathalyzer demand had not been made at trial and should not be entertained on appeal.

R. v. Ballantine (2019), 2019 CarswellOnt 9503, 2019 ONCA 498, Alexandra Hoy A.C.J.O., C.W. Hourigan J.A., and David M. Paciocco J.A. (Ont. C.A.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Downey slams Purdue Pharma for not including Canadian claims

U of T's Anita Anand awarded medal by Royal Society of Canada

How criminal lawyers make referrals

Man discharged from his fourth bankruptcy

Most Read Articles

Chasm in opinions remains after statement of principles repeal

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Man discharged from his fourth bankruptcy