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A traffic ticket missing an A.M. or P.M. designation is not fatally defective if the omission causes no prejudice.
The appellant appealed a conviction for pass off roadway contrary to the Highway Traffic Act, which was entered through default proceedings under the Provincial Offences Act.
The sole ground of appeal was that the certificate of offence was defective because it failed to indicate whether the time of the alleged offence (April 24, 2015, at 4:59) was in the A.M. or P.M., as a box on the certificate intended for this designation was left blank.
The court dismissed the appeal, finding that the omission was highly technical and could not have caused prejudice, as only two realistic times were possible and the context would make clear which was alleged.
An unlicensed agent cannot argue provincial offences trials or appeals on behalf of a licensed lawyer.
The court ruled on the status of Paul Hatzitrifonos, a non-lawyer and non-paralegal practitioner, to argue provincial offences trials and appeals as an agent for counsel Altaf Khan.
The court determined that permitting such representation is contrary to the proper administration of justice and impedes access to justice.
The court found that Hatzitrifonos, lacking formal legal training, licensing, and professional regulation, cannot provide competent legal services or be properly supervised by counsel.
The court emphasized that representatives in provincial offences proceedings must be authorized under the Law Society Act and subject to professional standards and continuing education requirements.
