The defendant was charged with driving with a hand-held communication device contrary to section 78.1(1) of the Highway Traffic Act.
The defendant admitted to holding and handling his cell phone while at a stop sign but argued he was not "driving" because his vehicle was in park mode.
The court rejected this argument, finding that stopping momentarily at a stop sign or red light constitutes "driving" under the HTA, regardless of whether the engine is in park mode.
The court applied a broad purposive interpretation of the statute consistent with its purpose of minimizing distracted driving and followed the Ontario Court of Appeal's decision in York (Regional Municipality) v. Tassone.
The defendant was found guilty.
