R. v. Grkovski

Decided: 2026-10-09. Docket: COA-25-CR-0728. Citation: 2026 ONCA 728 (CanLII). Criminal and statutory offences — Impaired operation — Care or control — Meaning of “care or control” for operating a vessel under Criminal Code, s. 320.11 — Whether trial judge wrongly confined analysis to who drove at impact — Air of reality for continuous operation while impaired under Criminal Code, s. 320.14 — Appeal allowed | Criminal and statutory offences — Criminal negligence — Legal duty — Whether criminal negligence analysis must assess owner and captain’s legal duty in all the circumstances — Trial judge limited inquiry to handing over the wheel moments before crash — Marked and substantial departure and wanton or reckless disregard under Criminal Code, ss. 219, 220(b), 221(a) — New trial ordered | P