The appellant appealed his summary conviction for dangerous driving.
The trial judge had found that the appellant's vehicle was the same one observed speeding on Highway 8 and that he drove dangerously in the Goderich Courthouse Square.
On appeal, the court found that the trial judge erred in law by failing to consider other reasonable possibilities regarding the circumstantial identification of the vehicle on Highway 8.
Furthermore, the trial judge made an impermissible inference that the appellant had tailored his evidence to the Crown's case, which fatally flawed the credibility assessment.
The appeal was allowed and a new trial ordered.