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Case Law

829 cases relevant to Ontario Provincial Offences Act proceedings.

Dog Owners' Liability Act, RSO 1990, c D.16

RSO 1990, c D.16

dog attack liability

Ontario just banned pit bulls completely — and if you own one, the prosecution doesn't have to prove it's dangerous because *you* have to prove it's not a pit bull.

Durham (Regional Municipality) v d'Avernas

2007 CarswellOnt 8840

criminal charge

The Crown fumbled their disclosure so badly that even though they had Mr. d'Avernas dead to rights, the judge threw out the case and ordered a new trial — because playing games with evidence is *never* worth the risk.

Durham v Avernas [2007] Carswell Ont 8840

Engel Brubaker

P2008-010

Privacy complaint regarding police database

A law firm created a database to track Edmonton police officers' misconduct — and when an officer complained about his privacy, the Privacy Commissioner had to decide whether collecting dirt on cops for future court cases crosses the line.

Enverga v. Balita Newspaper

2017 ONSC 3500

contempt of court

A newspaper publisher admitted her fraud allegations against a Senator were completely false — then kept spreading them anyway, earning herself a one-way ticket to jail.

Fleming v Toronto Railway

[1911] CarswellOnt 702

negligence

When a streetcar exploded with electricity and injured a passenger in 1910, the railway company had inspection records to prove they weren't negligent — but the trial judge wouldn't let them use their own paperwork.

Form 9A Electronic Trust Transfer Requisition

Unreported

This isn't a court decision — it's just a blank form for electronic trust transfers that lawyers use to move client money around.

Genesis VP Directional User Manual Analysis

Decatur Electronics Manual Rev 25/Aug/2010

radar speed measurement procedures

This official radar gun manual reveals the *exact* technical limitations and interference sources that could invalidate your speeding ticket — including the cosine effect that always reads speeds *lower* than actual.

Goodwin v. British Columbia (Superintendent of Motor Vehicles)

2015 SCC 46

impaired driving

When British Columbia decided to bypass criminal court procedures with roadside breath tests that automatically triggered 90-day suspensions, the Supreme Court had to decide if a *fail* reading from a notoriously unreliable device — with no meaningful way to challenge it — violated the Charter.

Groia v LSUC [2018] SCC 27

[2018] SCC 27

Halton (Regional Municipality) v Vastis

[2008] ONCJ 44

destroying trees in environmentally sensitive area

A man cleared 25 acres of pristine forest to build what looked suspiciously like a nine-hole golf course — then told the judge he was just trying to save on property taxes.

Heegsma v. Hamilton (City)

2026 ONCA 726

Authenticated public documents still require document-specific hearsay analysis, and credibility findings cannot rest on stereotypes about mental illness or addiction.

Highway Traffic Act Section 159.1

HTA s. 159.1

Approaching stopped emergency vehicle

This *Move Over* law can cost you up to $2,000 and suspend your licence for two years — even if you just failed to change lanes when passing a stopped ambulance.

HMQ v Singh

Unreported

failing to stop for school bus

Singh's car was crawling behind a school bus at 10 km/h when the flashing lights came on — but the officer swore he was exactly 20 feet away, and that tiny detail destroyed the Crown's entire case.

Housen v. Nikolaisen

Jean NOLET Appeal

Komuro v. Lu

2026 ONCA 718

A court panel may set aside its own dismissal and remit the matter for an oral hearing where a party was not notified of the hearing date through no fault of their own.

Kozel v. The Personal Insurance Company

2014 ONCA 130

driving without valid license

A 77-year-old woman's driver's license expired by four months, she crashed into a motorcyclist in Florida — and the Ontario Court of Appeal handed her a million-dollar insurance victory using a century-old legal principle.

London v Young et al

[2008] ONCA 429

various provincial offences

When sixteen people said nothing and did nothing in response to their tickets, the real question wasn't whether they were guilty — it was whether the province could convict them on certificates that had the wrong fine amounts, and the Court of Appeal said no.

L v Her Majesty The Queen

2009 CanLII 38516 (ON S.C.)

assault and forcible confinement

A Justice of the Peace issued a bench warrant because he thought only lawyers could handle routine court appearances — but he was dead wrong about paralegals.

Macklin, Murphy and Others v R

[1838] Durham Sum. Assizes

murder

When a mob attacked a constable with sticks, stones, and fists until he died, the judge had to explain why *everyone* in the group could be guilty of murder — even those who only threw punches.

Matheson v. Lewis

[2014] ONCA 542

operating uninsured motor vehicle

A farmer driving his uninsured ATV on a public road to check his sheep got rear-ended by a truck — and the Court of Appeal had to decide whether farm equipment needs insurance or farmers get a free pass.

Ministry of Labour v Priscak

[2008] OJ No 1215

occupational health and safety violation

Four construction workers nearly walked away scot-free — not because they were innocent, but because a justice of the peace threw out their tickets for failing to name the Occupational Health and Safety Act on the certificate of offence, until the Superior Court stepped in and made clear that citing the regulation is enough.

Mississauga (City) v. Ahmad

2018 ONCJ 671

driving while holding a hand-held wireless communication device

A driver beat his cell phone ticket on appeal — not because he was innocent, but because the Justice of the Peace forgot to mention the magic words 'beyond a reasonable doubt' in her two-sentence conviction.

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