Richard Brookes

The respondent tow truck driver was acquitted of municipal by-law offences for offering services and positioning his truck within 200 metres of an accident scene.

The lower courts found the municipal by-law inconsistent with s. 177(3) of the Highway Traffic Act, which exempts towing services from a general prohibition on commercial solicitation on roadways in an emergency.

The Court of Appeal allowed the appeal, holding that s. 177(3) merely creates an exception to a prohibition and does not grant paramount permission to attend accident scenes.

The by-law was not inconsistent with the HTA.

Convictions were entered and fines imposed.

A case management endorsement setting out procedural directions for an upcoming motion for leave to appeal from a decision of the Local Planning Appeal Tribunal.

The court scheduled the motion to be heard by video conference and provided detailed instructions for the electronic filing of materials, including factums, compendiums, and authorities.