The appellant appealed a conviction for a Highway Traffic Act offence entered following a guilty plea, arguing the plea was uninformed because he was unaware it could prejudice his pending civil action arising from the same motor vehicle collision.
The Ontario Court of Justice allowed the appeal, finding that the potential use of the conviction in the civil proceeding was a legally relevant collateral consequence.
Because the appellant established a realistic likelihood that he would not have pleaded guilty had he known of this consequence, the plea was struck and a new trial ordered on the original careless driving charge.
