The applicant was convicted of operating a conveyance with a blood alcohol concentration over the legal limit and received a 15-month driving prohibition and a $3,000 fine.
After his conviction was restored by the Court of Appeal, he sought leave to appeal to the Supreme Court of Canada and moved for a stay of his driving prohibition and fine pending the leave application.
The Court of Appeal dismissed the motion, holding that under s. 320.25 of the Criminal Code, it lacks jurisdiction to stay a driving prohibition unless leave to appeal has already been granted.
Furthermore, the court found that even if it had jurisdiction, the applicant failed to meet the test for a stay on the merits.
