The respondent tow truck driver was acquitted of municipal by-law offences for offering services and positioning his truck within 200 metres of an accident scene.
The lower courts found the municipal by-law inconsistent with s. 177(3) of the Highway Traffic Act, which exempts towing services from a general prohibition on commercial solicitation on roadways in an emergency.
The Court of Appeal allowed the appeal, holding that s. 177(3) merely creates an exception to a prohibition and does not grant paramount permission to attend accident scenes.
The by-law was not inconsistent with the HTA.
Convictions were entered and fines imposed.
