This case is an excellent review of the elements of the offence of being in care or control of a motor vehicle while over 80. At trial Mr. Pawluk was acquitted of impaired operation of a motor vehicle and operation while over 80. On appeal the Ontario Court of Appeal upheld the acquittals on the "operation" counts but substituted a verdict of guilty for the included offence of having "care or control" of a motor vehicle while over 80:
The law alerts an accused to their jeopardy for included offences, and in this case, questions were asked of [the officer] that could only be relevant to the issue of Mr. Pawluk’s care or control. It should not have come as a surprise when the Crown sought a care or control over 80 conviction. R. v. Pawluk, 2017 ONCA 863