The defendant, Van Drunen and Sons Gravel Limited, brought a motion for a non-suit in a provincial offences case, seeking dismissal of a charge for encumbering a highway contrary to a municipal by-law.
The court granted the motion, finding that the prosecution failed to establish a prima facie case.
The judge determined that the bin in question did not encumber the roadway, the identity of the responsible party (defendant vs. bailee) was ambiguous, and the municipal permit specifically allowed equipment (like the bin) to occupy the road during the relevant hours.
