Fatema Dattu

The appellant appealed his conviction for driving while using a hand-held communication device contrary to section 78.1 of the Highway Traffic Act.

The appeal was based on ineffective assistance of counsel, specifically that the paralegal agent conducted the trial in the appellant's absence despite him being present in the building, thereby depriving him of his right to be present at trial.

The court found that the agent's conduct constituted a miscarriage of justice and ordered a new trial before a different Justice of the Peace.

The appellant was convicted of parking in a designated handicapped parking space without a permit in violation of City of Markham Bylaw 2005-188, Section 11(1).

On appeal, the appellant challenged the conviction on two grounds: first, that the sign at the location did not display the bylaw number, and second, that there was no evidence of a painted handicapped sign on the pavement.

The court upheld the conviction, finding that neither the bylaw nor the applicable regulation required the bylaw number to be displayed on the sign or a painted sign on the pavement.

The appeal as to conviction was dismissed, but the appeal as to sentence was allowed on consent and the sentence was varied to the minimum fine of $300 plus costs.