The appellant appealed a decision denying his application to reopen two traffic convictions entered in his absence.
The initial reopening application was supported by an affidavit purportedly sworn by the appellant, but the evidence established it was falsely prepared by an unlicensed legal operation and improperly commissioned remotely by a licensed paralegal who failed to verify the deponent's identity.
The court found the paralegal's conduct fell below professional standards and failed to comply with the requirements for remote commissioning under Ontario Regulation 431/20.
The appeal was allowed, the convictions were struck, and the court directed that the reasons be reported to the Law Society of Ontario.
