Court of Appeal for Ontario

Citation: R. v. Salamon, 2012 ONCA 176

Date: 20120320

Docket: C53747

Before: Simmons, Cronk and Hoy JJ.A.

Between

Her Majesty The Queen

Respondent

and

Frank Salamon

Appellant

Counsel: Mark Wiffen, for the appellant Christine Tier, for the respondent

Heard and released orally: March 9, 2012

On appeal from the decision of Justice Eric N. Libman of the Ontario Court of Justice, dated December 7, 2010, dismissing the appeal from conviction entered by Justice of the Peace N. Burgess on August 20, 2009.

ENDORSEMENT

[1] The Crown does not oppose the admission of the fresh evidence tendered by the appellant, which establishes that he had automobile insurance on July 12, 2008. We are prepared to admit the fresh evidence because it provides the appellant with a defence to a serious charge.

[2] We agree that it would have been preferable had the Provincial Offences Appeal Court Judge asked the appellant specifically if he had anything to say in response to the other charges.

[3] That said, to this day, the appellant has not provided any explanation apart from his own carelessness for failing to attend the first appearance date noted on the summonses that were served on him.

[4] Nor has he provided any evidence that would suggest a substantive defence to the charges of failing to wear a seatbelt and operating a motor vehicle without a current validated permit.

[5] The Crown no longer seeks a conviction for the lesser included offence of failing to surrender insurance. In the circumstances, the appeal is allowed in part, the conviction for operating a motor vehicle without insurance is set aside and an acquittal is substituted. The balance of the appeal is dismissed. The current stay of the licence suspension is extended for 15 days to permit the appellant to pay the outstanding fines relating to the other charges.

Signed: "Janet Simmons J.A." "E. A. Cronk J.A." "Alexandra Hoy J.A."