P. Liu

The defendant, a licensed taxi driver, was charged with failing to be civil and well-behaved while operating a taxi cab in Toronto, contrary to the Toronto Municipal Code.

The complainant passenger testified that the defendant made discriminatory and insulting comments about various groups including Jamaicans, Jewish people, police officers, Canadian women, and the city of Mumbai.

The defendant denied making the statements.

The court found the defendant guilty beyond a reasonable doubt, determining that his comments violated both the municipal licensing requirement and the Ontario Human Rights Code.

The appellant appealed his conviction for speeding 57 km/hr in a posted 40 km/hr zone contrary to section 128 of the Highway Traffic Act.

The appellant challenged the conviction on two grounds: the reliability of the officer's speed measurement and the proper posting of speed limit signs in accordance with regulations.

The appellant also raised a common law defence of necessity at trial, which was rejected and not appealed.

The court upheld the conviction, finding that the Justice of the Peace properly applied the presumption of regularity to the posting of signs and that the signs were in substantial compliance with regulations.

The court applied the principle from R. v. Priest that strict compliance with sign specifications is not required if substantial compliance is demonstrated and the signs serve their intended purpose.