The defendant pleaded guilty to driving without a contract of automobile insurance contrary to the Compulsory Automobile Insurance Act.
The prosecution sought the minimum penalty of $5,000 for a first offence.
The court considered whether to apply section 59(2) of the Provincial Offences Act to provide relief from the minimum penalty.
The defendant had recently been released from hospital treatment for severe anxiety and depression, was receiving ODSP, and the fine would be crushingly oppressive relative to his circumstances.
The court imposed a reduced fine of $3,000 with a one-year payment period, finding exceptional circumstances existed and that imposing the minimum fine would be unduly harsh and not in the interests of justice.
