The defendant was charged with riding a bicycle in James Gardens, Toronto, where prohibited by municipal by-law.
The central issue was whether signage stating "CAUTION—CYCLISTS DISMOUNT AND WALK BICYCLES OVER THE BRIDGE" constituted a prohibition under Toronto Municipal Code Chapter 608, Section 29(a), or merely a cautionary warning.
The defendant argued the bridge was part of a designated bicycle trail and that the sign was advisory rather than prohibitory.
The court found the defendant guilty, determining that a reasonable person would interpret the signage as a directive to dismount, and that the defendant failed to establish a due diligence defence available under strict liability principles.
