Mathew P. Good

The defendant was charged with holding a handheld communication device while driving, contrary to section 78.1(1) of the Ontario Highway Traffic Act.

The charge arose from an incident on May 16, 2018 in Oakville.

At trial, the Crown's officer testified that the offence occurred at 4:53 p.m., while the Provincial Offence Notice indicated 4:36 p.m., creating a 17-minute discrepancy.

The defendant moved for a directed verdict based on this discrepancy.

The court rejected the motion, finding that time is not an essential element of the offence under provincial offences law.

The defendant called no evidence and mounted no defence.

The court found the Crown had proven its case beyond a reasonable doubt and convicted the defendant.

The defendant was charged with failing to stop for a school bus with flashing red signal lights while meeting it on a highway, contrary to subsection 175(11) of the Highway Traffic Act.

The defendant argued that she was exempt from liability because the relevant portion of Sutton Street contained a median strip, which exempts drivers from the obligation to stop for school buses.

The court found that the defendant proved on a balance of probabilities that Sutton Street at the relevant location was a highway with a median strip, as it contained a physical divided barrier separating northbound and southbound traffic.

Accordingly, the defendant was found not guilty and the charge was dismissed.

The Court considered an appeal arising during an indefinite strike by members of Les avocats et notaires de l’État québécois, where an adjournment request had been refused as part of an essential-services context.

By the hearing date, the strike had ended and a special statute had required a return to work.

The Court held the issue was moot and dismissed the appeal without costs.

It stated that dismissing the appeal did not endorse either the process used or the validity of the considerations identified by the Court of Appeal.