M A Cuthbertson

The defendant pleaded guilty to driving with a hand-held communication device contrary to the Highway Traffic Act.

The prosecution and the unrepresented defendant presented a joint submission for a $300 fine, despite the statutory minimum fine being $500.

The court rejected the joint submission, finding that imposing a fine below the statutory minimum without a formal application and finding of exceptional circumstances under s. 59(2) of the Provincial Offences Act would bring the administration of justice into disrepute.

The defendant was given the option to withdraw his guilty plea or proceed to sentencing with the minimum $500 fine.

The defendant was charged with making an unsafe left turn under s. 142(1) of the Highway Traffic Act after her vehicle collided with a longboarder.

The court found that the longboarder was visible and the turn was not made in safety.

The court rejected the defendant's due diligence defence, finding she failed to take all reasonable steps to observe the approaching longboarder, despite his dark clothing and unlawful use of the roadway.

The defendant was found guilty.