A courier's appeal of a parking conviction was dismissed because the municipal by-law clearly prohibited leaving an unauthorized vehicle in an accessible parking space, overriding any common law delivery exceptions.
A courier company appealed a conviction for parking a vehicle in a designated accessible parking space without displaying a valid permit.
The appellant argued that the vehicle was "standing" rather than "parked" and that the common law exception for loading and unloading merchandise applied.
The court upheld the conviction, finding that the by-law clearly prohibited parking, standing, or leaving unauthorized vehicles in accessible spaces, and that the appellant's vehicle was left unattended for an unreasonable period while the driver completed a delivery to an upper floor of a building.
The court rejected arguments based on common law exceptions and statutory interpretation, emphasizing the remedial purpose of accessibility legislation.
