The appellant appealed the dismissal of a charge for failing to stop at a stop sign under section 136(1)(a) of the Highway Traffic Act.
The justice of the peace dismissed the charge because the police officer had no independent recollection of the specific events and relied solely on his notes.
The appellate court found this was reversible legal error, as the officer's notes qualified as a record of past recollection recorded and were properly admissible as an exception to the hearsay rule.
The court allowed the appeal and ordered a new trial.
