Ms. Kraus was convicted of impaired causing bodily harm and dangerous driving causing bodily harm.  On appeal, the Crown conceded that the trial judge erred by taking judicial notice of the evaporation rate of alcohol (judicial notice “is taken of matters so notorious as to be common knowledge”). However the convictions were still upheld as: “the only conclusion on the overwhelming evidence is that the verdict would have been the same regardless.” R. v. Kraus, 2017 ONCA 458