Ontario Court of Justice

Date: 2018-11-09

Court File No.: Newmarket 4960-81477866

Between:

SAMIR MEHTA Appellant

— AND —

THE REGIONAL MUNICIPALITY OF YORK Respondent

Provincial Offence Appeal

Heard and Delivered: November 9, 2018.

Ms. Janet Gallin ......................................................................... counsel for the Respondent

Mr. Samir Mehta ........................................................................ appearing on his own behalf

KENKEL J.:

[1] Mr. Mehta was convicted at trial of speeding 135km/hr in a 100km/hr zone. The defendant's evidence at trial, that he didn't know he was speeding due to problems with his vision, did not provide a defence and in fact raised other concerns about his driving that day.

[2] After trial, Mr. Mehta realized that the officer's notes described his vehicle with the correct license plate and the correct make but the model description differed from the correct description. Mr. Mehta says he drives a Mercedes 250 CLA and the officer's notes mentioned a Mercedes 2 CL. He submits that the notation is incorrect and should result in the conviction being overturned. The charge should be dismissed due to the incorrect notation.

[3] Constable Persaud of the Ontario Provincial Police stopped Mr. Mehta's vehicle. At trial he identified the car by colour, make, model number and license plate number. He directly identified Mr. Mehta as the driver whose identity was confirmed at the scene through a valid Ontario driver's license photo card.

[4] Assuming that Mr. Mehta's model number varies slightly from the description noted by the officer, that circumstance would have made no difference had it been raised at trial. The evidence showed that Mr. Mehta was driving his Mercedes at the speed alleged. The Justice of the Peace committed no error and there's nothing in the new observation by the appellant that could have affected the verdict.

Conclusion

[5] The appeal is dismissed.

Delivered: November 9, 2018.

Justice Joseph F. Kenkel