DATE: 20050304

DOCKET: C42899

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – HIGHWAY DISPATCH INC. (Appellant)

BEFORE:

ROSENBERG, GOUDGE and MacFARLAND JJ.A.

COUNSEL:

F. Scott Turton

for the appellant

Stephen McNamee

for the respondent

HEARD & ENDORSED:

March 3, 2005

On appeal from the judgment of Justice of the Peace J. Wilson dated February 2, 2004 made at North Bay, Ontario.

A P P E A L B O O K E N D O R S E M E N T

[1] On consent, the appeal is allowed, the convictions on counts 2, 3 and 4 on information # 190977B are set aside and new trials ordered. Those counts will be permanently stayed.

[2] The sentence on count 1 on information # 190977A and on count 1 on information # 190977B is reduced to $3,500 (plus surcharge) on each count. The appellant shall have sixty days to pay the fines.