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Motion for leave to appeal Ontario Land Tribunal order dismissed without costs.
The appellants brought a motion for leave to appeal an order of the Ontario Land Tribunal dated January 2, 2024.
The Divisional Court dismissed the motion for leave to appeal without costs.
The court upheld the constitutionality of commercial vehicle speed limiter legislation, finding it did not arbitrarily infringe section 7 Charter rights.
The respondent was charged with driving a commercial vehicle not equipped with a working speed limiting system contrary to section 68.1(1) of the Highway Traffic Act of Ontario.
At trial, the respondent challenged the constitutionality of the legislation, arguing it infringed his right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms by preventing him from accelerating to avoid dangerous driving situations.
The trial justice found in favour of the respondent and struck down the provision.
The Crown appealed.
The appellate court allowed the appeal, finding that the respondent failed to establish on a balance of probabilities that the speed limiter legislation deprived him of security of the person, and that the legislation was not arbitrary.
The court also addressed the procedural issue of continuing the appeal following the respondent's death, substituting his widow as respondent in the interests of justice.
The court granted the Crown's application to admit a supplementary expert affidavit as fresh evidence on appeal regarding the safety of speed limiters.
At trial, the respondent challenged the constitutionality of the provision, arguing it infringed his right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms by preventing him from accelerating beyond 105 km/h to avoid dangerous driving situations.
The trial judge found in favour of the respondent and struck down the provision.
The Crown appealed and brought an application to admit fresh evidence in the form of a supplementary affidavit from an expert assessing a new study on speed limiter safety released after trial.
The appeal judge granted the application, finding the fresh evidence satisfied all four Palmer criteria and was in the interests of justice.