Ms. Daigle

The applicant sought to vary the conditions of a peace bond imposed following a charge of indecent communication.

The peace bond prohibited contact with the complainant and attendance at her residence or place of employment.

The applicant requested permission to attend the Ontario Works office in Vaughan where the complainant was employed.

The court refused the application, noting that alternative Ontario Works offices were available in the applicant's area of residence and that permitting the variation would defeat the protective purpose of the peace bond.

The appellant appealed her conviction for making a turn not in safety under section 142(1) of the Highway Traffic Act.

The appellant argued that the trial court failed to properly consider evidence that the oncoming vehicle was travelling at an unreasonable speed, that the court erred in law by not applying a proportionality test for "gross speed," and that the court failed to fairly adjudicate the matter.

The appeal court dismissed the appeal, finding that the trial court properly applied the law regarding the duty of a turning driver to ensure a safe turn, that the "gross speed" standard is fact-specific rather than formulaic, and that the trial court's credibility findings were entitled to deference.