The appellant sought leave to challenge refusals to extend time to appeal multiple Part III provincial offence sentences for driving without insurance, relying on fresh evidence of serious mental illness and inability to pay.
The court held that it has jurisdiction under s. 131 of the Provincial Offences Act to hear, with leave, an appeal from a judgment denying an extension of time under s. 85 in a Part III proceeding.
Although the motion judge made no reversible error on the record then before him, the court admitted fresh psychiatric and financial evidence under the Palmer test and concluded that the interests of justice warranted sentence relief.
The total outstanding fines were reduced to $5000 with two years to pay.
