Matthew Donald Bruce MacLean

The appellant appealed a conviction entered under default proceedings for improperly using a blue flashing light contrary to section 62(32) of the Highway Traffic Act.

The certificate of offence listed an incorrect set fine of $85.00 when the correct fine for a commercial motor vehicle should have been $200.00.

The court found that the certificate was not complete and regular on its face and therefore could not support a conviction under the default proceedings.

The appeal was allowed and the conviction was quashed.

An appeal of a conviction under sections 107(11) and 207(1) of the Highway Traffic Act for operating a commercial motor vehicle with major defects.

The central issue was whether the corporate defendant was properly identified as "Trans-West Logistics Inc." when the vehicle registration documents identified the owner as "Logistiques Trans-West Inc." The appellant argued that the exact legal name must be proven beyond a reasonable doubt and that prior case law on corporate identity should have been binding.

The appellate court found that the prior cases involved materially different facts and that stare decisis did not apply.

The court determined that the evidence established beyond a reasonable doubt that the two names referred to the same corporate entity and that the name constituted a misnomer rather than a substitution of a different entity.

The conviction was upheld with the corporate name amended to reflect the registration documents.