Matthew Peachey

Appeal of convictions and sentences for violations of the Highway Traffic Act arising from a wheel detachment incident on October 10, 2013.

Inter County Concrete Products Limited was charged under section 84.1(1) for permitting operation of a commercial motor vehicle from which a wheel became detached.

Pedrag Petkovic was charged under section 84(1) for driving a vehicle in a dangerous or unsafe condition.

The trial justice convicted both appellants and imposed substantial fines.

The appellants appealed both convictions and sentences, raising issues regarding the sufficiency of the information, the characterization of the offence, and the appropriateness of the sentences imposed.

The Crown brought a motion to dismiss the applicant's proceedings, which were commenced by a Notice of Constitutional Question, arguing they were premature and brought in the wrong court.

The applicant sought various remedies including Charter damages, exclusion of evidence, and judicial review of a Licence Appeal Tribunal decision.

The court agreed with the Crown, finding the application premature as the Licence Appeal Tribunal had jurisdiction to hear the Charter issues and the applicant had not exhausted administrative remedies.

The application was dismissed without prejudice, advising the applicant to complete the tribunal process and then, if necessary, pursue remedies before the Divisional Court.