The respondent was charged with driving a commercial vehicle not equipped with a working speed limiting system contrary to section 68.1(1) of the Highway Traffic Act of Ontario.
At trial, the respondent challenged the constitutionality of the provision, arguing it infringed his right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms by preventing him from accelerating beyond 105 km/h to avoid dangerous driving situations.
The trial judge found in favour of the respondent and struck down the provision.
The Crown appealed and brought an application to admit fresh evidence in the form of a supplementary affidavit from an expert assessing a new study on speed limiter safety released after trial.
The appeal judge granted the application, finding the fresh evidence satisfied all four Palmer criteria and was in the interests of justice.
