R. v. Boudreau

Côté J. — Having examined the trial judge’s reasons, delivered orally, to determine whether the verdict was vitiated by illogical or irrational reasoning within the meaning of R. v. Beaudry, 2007 SCC 5, [2007] 1 S.C.R. 190, and R. v. Sinclair, 2011 SCC 40, [2011] 3 S.C.R. 3, we would dismiss the appeal. With respect, even though the judge could have expressed herself more clearly at times, the appellant has not shown a reviewable error, because the judge’s inference was based on the whole of the evidence. In particular, there is no reviewable error with regard to the complainant’s testimony about the position of her car at the time of the collision. As a result, and substantially for the reasons of the majority of the Court of Appeal, we unanimously dismiss the appeal.