Necessity (Cases)
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Necessity
| Case Name | Summary |
|---|---|
| R v DeFrias, 2016 ONCJ 313 (CanLII), per Harris J | The accused was convicted of impaired driving. She unsuccessfully argued necessity on account that she was suicidal and was intending to go to the hospital. |
| R v Dirk, 2012 SKPC 61 (CanLII), per Harris J | impaired driving -- accused drove a few feet in order to avoid person who was smashing his car-not proportionate, or without alternatives |
| R v Valauskas, 2012 ONCJ 790 (CanLII), per Pringle J | impaired driving - the accused drove drunk to escape attackers. Found not guilty. |
| R v Costoff, 2010 ONCJ 109 (CanLII), per Bourque J | impaired - accused's passenger driving to hospital |
| R v Murray, 2010 ABQB 784 (CanLII), per Verville J | impaired driving charge -- accused co-worked beaten unconscious and a group of angry men threatened to beat him--defence accepted |
| R v Desrosiers, 2007 ONCJ 225 (CanLII), per Keast J | impaired - suicidal man driving to hospital. Found not guilty. |
| R v Maragh, [2003] OJ No 3574(*no CanLII links) | flight from police |
| R v McCain, [2003] OJ No 1762 (C.J.)(*no CanLII links) | Breach of recognizance |
| R v Burgess, [2003] OJ No 4633 (CJ)(*no CanLII links) | failing to remain at the scene |
| R v Sanders, 2001 CanLII 28329 (ONSC), [2001] OJ No 2207, per Howden J |
cultivation -- |
| R v Hill, [1999] BCJ No 933 (Prov.Ct.)(*no CanLII links) | failing to remain at the scene |
| R v Gourlay, (1996), 182 AR 126 (ABPC)(*no CanLII links) | theft |
| R v Lalonde, 1995 CanLII 7155 (ONSC), , 22 OR (3d) 275, per Trainor J |
fraud - |
| R v West, 1994 CanLII 4535 (NLSCTD), , 123 Nfld. & PEIR 234, (NLSC), per Barry J |
impaired driving - successful. accused was driving to corner store to call police to eject a guest |
| R v Berriman, 1987 CanLII 3967 (NL CA), per Gueshue JA | impaired - accused believed an attacker was following, but not in immediate danger and had other options. |
| R v Stevenson, [1986] 42 Man.R. (2d) 133 (MBQB)(*no CanLII links) | mischief |
| R v Fry, 1977 CanLII 1955 (SK PC), 36 CCC (2d) 396 (SKPC), per Boyce J |
dangerous operation - successful |