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Judicial review of an immediate roadside prohibition was dismissed. The court held the delegate’s finding that Chahley was the driver was reasonable.
The language of s.31(1)(a) is clear: the 40 millimetre qualifier applies to particle materials (sand, gravel, crushed stone, slag, salt), which are separate from "waste or scrap metal"; therefore all scrap metal transported on highways must be covered under the regulation and the application for leave to appeal is denied because the ground has no reasonable possibility of success and lacks significance to the administration of justice.
Source excerpt
The Court of Appeal held that a Motorino XMr scooter was not a motor assisted cycle and upheld convictions for driving without a licence and insurance.
The court allowed a summary conviction appeal, set aside a deemed guilty plea on a loud-noise ticket, and ordered a new trial on Count 1.
Given the appellant pleaded guilty while unrepresented and without disclosure, and significant investigatory material later provided was mainly exculpatory creating an arguable appeal, the court found the lack and misinformation about disclosure constituted a reasonable excuse for the delay and that, in the interests of justice, an extension of time to file the appeal should be granted.
Source excerpt
The Court granted a stay of a driving prohibition pending related test cases, finding a fair question to be tried, irreparable harm, and balance of convenience.
Judicial review of an immediate roadside prohibition was allowed because the adjudicator’s credibility analysis was unreasonable and the decision was set aside.
The court dismissed a Charter appeal in a speeding case, holding that a 19-month delay was not shown to have prejudiced the accused’s defence.
Judicial review of a driver’s licence suspension turned on whether the police report contained enough evidence of a valid Criminal Code s. 254 breath demand.
The Court of Appeal allowed Mr. Cai’s appeal, set aside the refusal of an extension of time, and remitted the matter to the Supreme Court for rehearing.
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