Michael A. Cuthbertson

The defendants pleaded guilty to multiple charges related to building a deck and hot tub without obtaining a building permit, in violation of the Building Code Act and City of Waterloo by-laws.

They failed to comply with orders to obtain a permit, remove the structures, and cease occupancy.

The court imposed a balanced sentencing package including a suspended sentence with one-year probation on the first count and fines of $500 on each of three counts for failure to comply with orders.

One count was stayed under the Kienapple principle.

A police officer charged the defendant with careless driving under section 130 of the Highway Traffic Act by filing a Certificate of Offence.

However, the officer had deliberately struck out the title "Certificate of Offence / Proces-verbal d'infraction" and other portions of the prescribed form, intending to convert it into a Summons.

The court examined whether these alterations invalidated the document under section 84 of the Legislation Act.

While the striking out of the Fine Boxes and modifications to the Certification Box were found not to invalidate the document, the deliberate removal of the title was found to fundamentally alter the substance of the prescribed form and render it no longer a valid Certificate of Offence.

The defendant was charged with making an unsafe left turn under s. 142(1) of the Highway Traffic Act after her vehicle collided with a longboarder.

The court found that the longboarder was visible and the turn was not made in safety.

The court rejected the defendant's due diligence defence, finding she failed to take all reasonable steps to observe the approaching longboarder, despite his dark clothing and unlawful use of the roadway.

The defendant was found guilty.