The appellant, a small family-run grocery store, was convicted of operating food premises in a manner permitting a public health hazard contrary to Ontario Food Premises Regulation 562.
The Justice of the Peace imposed a fine of $6,255.
The appeal concerned sentence only.
The Crown conceded that the sentence was based on a misapprehension of evidence regarding the duration of the violation.
The parties jointly requested a reduction to $1,500 payable over two years.
The Court of Appeal allowed the appeal, finding that the justice of the peace had misapprehended the evidence, ignored the fact that the store had been sold, failed to consider the appellant's ability to pay, and lacked information about previous convictions.
