Patrick Moore

The Crown appealed a lower court's decision to set aside a conviction against Becker Bros.

Trucking Inc. for operating a commercial motor vehicle in an unsafe condition, contrary to the Highway Traffic Act.

The appeal judge had ruled that certified Ministry records and copies of documents produced by the driver were inadmissible.

The Court of Appeal found that the appeal judge erred in both conclusions, holding that the Ministry's certified documents were admissible as "statements" under s. 210(7) of the HTA, and that the documents produced by the driver were admissible under s. 216.1(5) of the HTA or as an exception to the hearsay rule (admissions by documents in possession).

The Court allowed the Crown's appeal, reinstating the conviction and sentence.

The Crown sought leave to appeal a Provincial Offences Act decision.

The respondent argued that the motion for leave to appeal should be heard in writing, relying on the Rules of Civil Procedure.

The court, acting as a case management judge, determined that motions for leave to appeal under s. 131 of the Provincial Offences Act are presumed to be heard orally, consistent with the settled practice of the Court of Appeal.

The court found that while the Rules of the Court of Appeal in Appeals Under the Provincial Offences Act (POA Rules) did not explicitly state an oral hearing for represented parties, the language used in Rule 3 and Form 1 implied an oral hearing.

The court also clarified that Rule 61.03.1 of the Rules of Civil Procedure applies to fill the gap regarding the exchange of facta.