Linda O’Leary had alcohol on her breath when police arrived at her property after she was involved in a boat crash on Lake Joseph that killed two people, a newly unsealed court document sworn by the OPP says.

O'Leary, wife of celebrity investor and television personality Kevin O’Leary, was charged with a non-criminal offence of careless operation of a vessel under the Canada Shipping Act after the boat she was driving collided with another boat on Lake Joseph at around 11:30 p.m. on Aug. 24.

The crash claimed the lives of Gary Poltash, a 64-year-old man from Belleair Beach, Fla., and 48-year-old Uxbridge resident Susanne Brito.

The document states that the O’Leary’s boat was “being operated at a speed capable of keeping” the vessel “on plane,” meaning its bow was above the water, and struck another vessel carrying 12 people.

After a brief conversation between both groups, the OPP allege that the O’Learys turned and headed back to their property while the other boat sped to a nearby resort to call for ambulances.

boat crash

After the O’Leary’s arrived at their property, their son, Trevor, called 911 and told dispatch his parents had been involved in a boating accident on Lake Joseph and needed ambulances.

According to the court document, “Linda O’Leary stated to (police) that she was driving their boat when they struck another boat that was drifting without any navigational lights,”

The Information to obtain a search warrant (ITO) document states that Linda O’Leary “had an odour of alcoholic beverage on her breath” and was given the demand for a breath sample.

“O’Leary registered an Alert and was given a three-day driving suspension,” the court document indicates.

“O’Leary claims to have consumed a drink of vodka following the collision and prior to the breath test,” a second ITO obtained by CP24 says.

She told police she did not recall who gave her the drink of vodka.

The second ITO also suggests investigators believed Linda O’Leary also drank before the crash.

The police indicate that they were “confident” that she “did consume alcohol prior to the collision and that (O’Leary) was operating the Cobalt vessel after dark at a substantial rate of speed.”

In Ontario, first time offenders with a blood alcohol concentration between 0.05 and 0.08 have their licence suspended for three days and are given a $250 fine. O’Leary’s blood alcohol level was not identified in the court documents.

The suspension issued as a result is an administrative penalty and not a criminal conviction. O’Leary was never charged with a criminal offence.

Linda, O'Leary

In response, Brian Greenspan, Linda O’Leary’s lawyer, said the discovery of alcohol consumption was not relevant.

“This tragic accident had nothing to do with alcohol. Linda O’Leary was not impaired; she is a highly experienced boater who was proceeding cautiously with due care and attention,” Greenspan said. “She collided with a totally unlit boat on a moonless night which was invisible to any prudent operator. No one could have avoided the collision.”

Police later seized the O’Learys' boat, a 16 to 18 foot-long Cobalt, and searched it.

The ITO document was sealed because an investigating officer argued the media attention due to the O’Leary’s involvement would harm the integrity of the investigation.

Investigators allege the other boat was adrift without the engine running and did not have its operating lights on at the time of the collision.

The document indicates that the group had gone out onto the water to watch for shooting stars.

Richard Ruh, a 57-year-old New York resident who was operating the other boat, has also been charged with a non-criminal offence.

He faces one count of failing to exhibit a navigation light under Sec. 23 of the Canada Shipping Act.

A second “information to obtain” document obtained by CP24 shows that the O’Learys told the OPP that a camera situated on their property on the lake would “show the victim vessel did not have any navigational lights on at the time of the collision.”

They voluntarily provided the police with the video recording system.

According to the police, video security footage belonging to the owner of the victim vessel showed that it left the shore with its lights on.

“As the vessel moved away from the shore and before leaving the video (field), the victim vessel turned off its navigational lights,” the document sworn by the OPP says.

The family of one of the victims, Susanne Brito, is suing the O’Leary’s as well as the owner and operator of the other boat in the crash, seeking $2 million in damages.

None of the allegations have been tested in court.