The appellant appealed a conviction for speeding (120 km/h in a 100 km/h zone) that was entered by way of section 9 of the Provincial Offences Act after the appellant failed to respond.
The appellant argued that the time calculation rules under the Ontario Court Provincial Division rules should apply to extend the 15-day deadline for exercising an option on the offence notice, accounting for the Family Day holiday.
The court rejected this argument, holding that "exercising an option" is distinct from "notices to be given or delivered" and that the 15-day period is strict and cannot be extended by the time calculation provisions.
The appeal was dismissed.
