R v Anders

Kenneth Anders v. City of Mississauga

Ontario Court of Justice Appeal
Ontario Court of Justice — Justice Merridew | October 21, 2005

Background

Kenneth Anders was driving southbound on Highway 410 in Mississauga when he was charged with "pass off roadway" under section 150(2) of the Highway Traffic Act. The incident occurred near the Derry Road entrance ramp, where there are three main lanes plus an additional merge lane created by an on-ramp. Anders left lane three (the rightmost regular lane), crossed through what officers called a "bullnose" — a diamond-shaped paved area between the main lanes and the merge lane — and entered what would become lane four (the merge lane).

At trial, Justice of the Peace Welch convicted Anders, but Anders appealed to the Ontario Court of Justice, arguing that the bullnose area was still part of the roadway and therefore he never actually left it.

Issues

1. Whether the bullnose (merge area) between regular traffic lanes and an entrance ramp constitutes part of the "roadway" under the Highway Traffic Act
2. Whether traveling through a bullnose to reach a merge lane constitutes "driving off the roadway"

The Definition of "Roadway"

This case turned entirely on how to interpret the definition of "roadway" in section 1 of the Highway Traffic Act. The Crown argued that Anders left the roadway when he crossed the bullnose, while the defense argued that merge areas like bullnoses are part of the roadway itself. Justice Merridew examined the statutory definition: "the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder."

The judge found that there was nothing in the Highway Traffic Act that would exclude bullnoses from being part of the roadway. The bullnose was paved, designed for vehicular traffic (to allow safe merging), and improved as part of the highway infrastructure. Most importantly, the judge noted that for Anders to have "left the roadway," the merge lane would have had to be considered a separate roadway — but merge lanes are simply additional lanes, not separate roadways.

Key Takeaway

Merge areas and bullnoses are part of the roadway, not separate from it.

If you're charged with "pass off roadway" for using a merge area or crossing a bullnose to change lanes, this case provides strong precedent that such areas are legally part of the roadway itself and therefore cannot support a conviction under section 150(2) of the HTA.