The defendant was charged with holding a handheld communication device while driving, contrary to section 78.1(1) of the Ontario Highway Traffic Act.
The charge arose from an incident on May 16, 2018 in Oakville.
At trial, the Crown's officer testified that the offence occurred at 4:53 p.m., while the Provincial Offence Notice indicated 4:36 p.m., creating a 17-minute discrepancy.
The defendant moved for a directed verdict based on this discrepancy.
The court rejected the motion, finding that time is not an essential element of the offence under provincial offences law.
The defendant called no evidence and mounted no defence.
The court found the Crown had proven its case beyond a reasonable doubt and convicted the defendant.