I. Silvanovich

The Ontario Court of Justice considered a motion to quash a Part I certificate of offence charging Muhammad Butt with failing to stop at a red light contrary to section 144(18) of the Highway Traffic Act.

The defence argued the certificate was defective for not including the informant’s name, relying on case law to support quashing the certificate.

The Court held that minor defects, such as the absence of the informant’s name but presence of an officer identifier ("PC 10429") and signature, do not justify quashing under the Provincial Offences Act.

The Court emphasized the broad discretion to amend certificates to ensure cases are decided on their merits rather than technicalities, citing binding precedent including R. v. Massicotte and York v. Winlow.

The motion to quash was dismissed.

The defendant was charged under subsection 142(1) of the Highway Traffic Act for an unsafe right turn, resulting in a collision with a cyclist.

The prosecution proved the actus reus of the offence.

The defendant raised the defence of due diligence and reasonable belief in a mistaken set of facts, arguing that factors such as the cyclist's dark clothing, lack of e-bike headlight, insufficient lighting, and the e-bike's speed contributed to his inability to see the cyclist.

The court found that the defendant failed to prove his due diligence or that his belief in a mistaken set of facts was objectively reasonable, emphasizing the heavy onus on drivers to ensure turns are made safely.

A conviction was registered.

The defendant was charged with driving a motor vehicle while operating a handheld communication device contrary to section 78.1(1) of the Highway Traffic Act.

A police officer observed the defendant holding a white iPhone in his left hand while stopped at a red light and tapping the device with his right thumb.

The defendant did not testify.

The court found the officer's testimony credible and reliable, and determined that the prosecution proved beyond a reasonable doubt that the device was a cell phone.

The defendant was convicted.