J. Davie

The appellant, Baron Alloway, appealed two Highway Traffic Act tickets after being deemed not to dispute them due to non-attendance at a rescheduled trial.

He claimed he never received the Revised Notice of Trial.

The court considered Section 87(2) of the Provincial Offences Act, which establishes a rebuttable presumption of mail delivery.

The appellant provided an affidavit and testified unequivocally that he did not receive the notice, and this evidence remained uncontradicted.

The court found the presumption rebutted and allowed the appeal, ordering a new trial.

This appeal concerned a Part I Provincial Offences Act conviction where the appellant sought a new trial due to a paralegal agent's error leading to a conviction without trial.

The court emphasized the "ends of justice" test under s. 138(1) of the POA, requiring sufficient evidence, typically through affidavits from both the appellant and the paralegal, detailing the error, its discovery, client notification, and any resulting prejudice.

The court criticized the "culture of complacency" among some paralegal agents in provincial offences courts and dismissed the appeal due to the appellant's failure to provide any evidence (e.g., an affidavit) to support their claim, despite the paralegal's error.

The defendant was charged with driving a motor vehicle while holding or using a hand-held wireless communication device contrary to section 78.1(1) of the Highway Traffic Act.

The prosecution alleged the defendant was texting while stopped at a red light.

The defendant testified he was using his cell phone through a Bluetooth hands-free device while keeping both hands on the steering wheel.

The court found the prosecution had not proven beyond a reasonable doubt that the defendant was holding or using the device in a manner prohibited by the statute.

The court determined the defendant was using the device in hands-free mode, which is permitted under section 78.1(3) of the Highway Traffic Act, and acquitted the defendant.