The appellant appealed a conviction entered ex parte under section 9.1 of the Provincial Offences Act for failing to move into another lane for an emergency vehicle.
The Certificate of Offence cited an incorrect and repealed section of the Highway Traffic Act (section 159.1(2)) rather than the valid provision (section 159(3)).
The respondent conceded that the Certificate was not regular on its face due to the improper section citation.
The court allowed the appeal and quashed the conviction, finding that the discrepancy between the section number and the description of the offence created ambiguity that rendered the Certificate incomplete and irregular for purposes of an ex parte conviction.
