Gordon V. Meakings

The defendant was charged with driving a motor vehicle left of centre while upon a curve in the roadway, contrary to section 149(1)(a) of the Highway Traffic Act.

The defendant admitted to crossing into the opposing lane but claimed the conduct was involuntary due to a sudden episode of sneezing and watery eyes caused by allergies.

The court found that the defendant's testimony regarding the involuntary nature of his conduct was not sufficiently compelling and did not raise a reasonable doubt as to voluntariness.

The court determined that the actus reus of the strict liability offence was established beyond a reasonable doubt and found the defendant guilty.

The defendant did not establish a defence of due diligence.

The Applicant appealed an order of the Registrar of Motor Vehicles cancelling its Commercial Vehicle Operators Registration (CVOR) certificate.

The Registrar argued that the Applicant was controlled by an individual whose previous trucking companies had their CVOR certificates cancelled due to catastrophic safety records.

The Tribunal found that the individual in question did control or manage the Applicant, making him a related person under the Highway Traffic Act.

Considering the combined safety record, the Tribunal concluded there was reason to believe the Applicant would not operate safely and ordered the cancellation of the CVOR certificate.

The applicant filed a human rights application alleging discrimination and reprisals by his former employer.

The respondents sought to dismiss the application, arguing it was barred by a settlement agreement signed by the parties that ended the applicant's employment and included a full and final release.

The Tribunal interpreted the agreement, noting a specific clause preserving the applicant's right to make complaints to the Tribunal.

The Tribunal held that the specific clause modified the general release, allowing the applicant to proceed with claims of harassment and reprisal during his employment, but barring him from challenging the termination of his employment or seeking reinstatement.