In R v. B., 2015 ONSC 6901 (CanLII), the Ontario Superior Court of Justice overturned drinking and driving convictions based on the insufficiency of the trial judge’s reasons for judgment. The trial judge had failed to make any findings of fact or credibility, and failed to resolve conflicting evidence on several material points.
Without making these findings, there was no way for the Appellant, or the reviewing court, to understand why he had been convicted. A new trial was ordered.
Zachary Kerbel was counsel to the Appellant on the appeal.