The appellant appealed his conviction for driving a commercial motor vehicle with a major defect, contrary to section 107 of the Highway Traffic Act.
The defects included inoperative brakes on a trailer and a crack in a wheel rim, discovered during an MTO inspection on June 18, 2017.
The appellant raised three grounds of appeal: lack of evidence of proper service of summons, improper application of credibility assessment principles, and failure to consider the due diligence defence.
The appeal court dismissed all grounds, finding that the summons was properly served, the trial judge correctly applied the W.D. analysis, and the trial judge properly assessed whether the appellant met the due diligence standard for a strict liability offence.
