M.D. Peachey

The defendant corporation was convicted of operating a commercial motor vehicle in excess of its registered gross weight under section 125 of the Highway Traffic Act.

The original Justice of the Peace imposed a fine of $5,866.00 using the mandatory sliding scale.

The defendant appealed the conviction, which was dismissed, but was permitted to make further submissions on sentencing.

The court considered whether exceptional circumstances under section 59(2) of the Provincial Offences Act justified reducing the fine below the mandatory minimum.

The court found that a combination of errors—one by the Service Ontario office in issuing an incorrect licence and one by the defendant in failing to verify the licence—constituted exceptional circumstances warranting a 25% reduction in the fine.

The defendant corporation appealed its conviction under section 121 of the Highway Traffic Act for operating a commercial motor vehicle in excess of its registered gross weight.

The trial judge found the defendant guilty based on weigh scale evidence showing the vehicle weighed 31,510 kg against an authorized gross weight of 8,043 kg.

The defendant challenged the reliability of the weigh scale, arguing it required calibration.

The appellate court upheld the conviction, holding that weigh scales constitute prima facie evidence of accuracy under the principle established in R. v. Bland, and that merely raising the issue of calibration without evidence of actual inaccuracy does not create reasonable doubt.

The court dismissed the appeal but allowed the defendant to present sentencing submissions before pronouncing sentence anew, as the trial judge had imposed sentence without hearing from the defence.