C. Harper

The Ontario Court of Justice dismissed Susan Romualdi's appeal against her conviction for driving while holding or using a handheld communication device under section 78.1(1) of the Highway Traffic Act.

The court held that the prosecution was not required to prove that the device was capable of receiving or transmitting data wirelessly, relying on the Ontario Court of Appeal's decision in R. v. Pizzurro.

The Justice of the Peace's findings that the appellant was holding a cell phone were reasonable and supported by the evidence, including detailed observations by the police officer.

The court further found no reversal of the burden of proof by the Justice of the Peace, as the officer's evidence was uncontradicted and credible.

The Ontario Court of Justice dismissed the appeal of Xiao-Ming Kuang against his conviction for disobeying a stop sign under section 136(1) of the Highway Traffic Act.

The trial Justice of the Peace's findings, including the credibility and reliability of the arresting officer, were upheld as reasonably open on the evidence.

The court emphasized the probative value of the in-car camera video, which clearly showed the appellant failing to stop at the stop sign.

The appeal was rejected as it amounted to a request for a retrial or reweighing of evidence, which is not permitted absent palpable and overriding error.