The City of Toronto appealed the decision of Justice of the Peace N. Tahiri who imposed fines below the statutory minimum for red light camera offences under s. 144(18.1) of the Highway Traffic Act.
The appeal focused on whether the Justice of the Peace properly applied s. 59(2) of the Provincial Offences Act, which allows courts to impose fines below the minimum in exceptional circumstances.
The Ontario Court of Justice found that the Justice of the Peace failed to properly apply the statutory test, relying instead on docket management considerations without addressing the required legal criteria or inquiring into defendants' personal circumstances.
The Court held that the discretion under s. 59(2) must be exercised judicially, with reasons explaining the decision, and that the fines were imposed arbitrarily.
The appeal was allowed, but the fines remained unchanged at the City's request.
