The Ontario Court of Justice dismissed the appeal of Xiao-Ming Kuang against his conviction for disobeying a stop sign under section 136(1) of the Highway Traffic Act.
The trial Justice of the Peace's findings, including the credibility and reliability of the arresting officer, were upheld as reasonably open on the evidence.
The court emphasized the probative value of the in-car camera video, which clearly showed the appellant failing to stop at the stop sign.
The appeal was rejected as it amounted to a request for a retrial or reweighing of evidence, which is not permitted absent palpable and overriding error.
