The Regional Municipality of York appealed the dismissal of a speeding charge against the respondent, which was originally dismissed by a Justice of the Peace who found the certified statement evidence insufficient due to "unanswered questions" regarding the speed measurement device.
The appeal court found that the Justice of the Peace erred by relying on speculation rather than inferences reasonably arising from the evidence.
As the certified statements were deemed proof of facts in the absence of evidence to the contrary under the Provincial Offences Act, and no such contrary evidence was presented, the appeal was allowed.
