A post-secondary student charged with failing to comply with conditions of use of fare media under TTC Bylaw Number 1, section 2.3(b), for using a student Metropass without the required TTC Post-Secondary Student Photo ID.
The defendant was eligible for the reduced student fare but did not possess the mandatory photo identification at the time of entry.
The court distinguished between eligibility and compliance, finding that while the defendant may have been eligible, he was not in compliance with the conditions of use.
The court classified the offence as one of absolute liability, rejecting the defence of due diligence based on the precise language of the bylaw and accompanying conditions.
