The Crown appealed the acquittal of the respondent Michael Tsapoitis on a charge of driving an unsafe vehicle under section 84(1) of the Highway Traffic Act and the acquittal of Ontario Line Clearing and Tree Services Ltd. on a "wheel-off" offence under section 84.1(1) of the Highway Traffic Act.
The trial justice found that a wood chipper being towed behind a commercial motor vehicle was not a "vehicle" within the meaning of the Act.
The appellate court reversed, holding that a purposive interpretation of the statutory definition of "vehicle" should apply, and that the wood chipper constituted a vehicle.
The court ordered new trials rather than entering convictions.
