The appellant was convicted in absentia of careless driving and operating a motor vehicle with a handheld device after his retained paralegal firm failed to take any steps to dispute the tickets.
The appellant's representative repeatedly misled him about the status of his matters, falsely claiming the charges were being reopened and that his licence was not suspended.
The Ontario Court of Justice found that the appellant was convicted through no fault of his own and that the representative's deceptive conduct foreclosed the appellant's ability to protect his rights.
The appeal was allowed, the convictions were quashed, and a new trial was ordered.
