The defendant was charged with speeding, allegedly 60 km/h in a 50 km/h construction zone.
The prosecution sought to amend the charge to reflect the actual speed of 73 km/h.
The central issue was whether the temporary orange and black advisory construction zone speed limit signs were enforceable.
The court found that these advisory signs have no status under the Highway Traffic Act and are therefore unenforceable.
However, the court determined that the enforceable speed limit in the area was 50 km/h under section 128(1)(a) of the Highway Traffic Act, as the white regulatory speed limit signs were covered during construction.
The defendant was found guilty of speeding 73 km/h in a 50 km/h zone.
