R v Stone

R. v. Stone

[1984] O.J. No. 912
Ontario County Court, County of Northumberland — Judge Murdoch | January 30, 1984

Background

On April 3, 1982, Raymond Stone was driving his vehicle on a Haldimand Township road when he was stopped by police at 6:07 p.m. The officer asked Stone for his ownership and insurance papers. Stone produced a bill of sale but was "unable" to produce insurance documentation. The officer concluded Stone had no insurance and charged him under section 2(1)(a) of Ontario's Compulsory Automobile Insurance Act — the offence of operating a motor vehicle without insurance.

At trial before Provincial Court Judge Bark, the Crown's evidence was remarkably thin. The officer testified that Stone "didn't have any insurance and there was no insurance on the Odyssey," but provided no explanation of how he reached this conclusion. Judge Bark dismissed the charge, finding the evidence insufficient. The Crown appealed to County Court.

Issues

1. Was there sufficient evidence that Stone lacked insurance?
2. Who bears the burden of proving insurance coverage — the Crown or the defendant?

The Burden of Proof Battle

County Court Judge Murdoch agreed the evidence was weak — Stone's inability to produce papers could mean he forgot them at home, not that no insurance existed. But the real fight was over who has to prove what. The Crown argued that the word "unless" in section 2(1)(a) creates an exception under section 48(3) of the Provincial Offences Act, shifting the burden to the defendant to prove they do have insurance.

Judge Murdoch agreed, citing multiple precedents including Regina v. Park Hotel and Williams v. Russell. The key principle: when facts are "peculiarly within the knowledge of the accused," they must prove the exception applies. Since only the vehicle owner knows whether they have valid insurance coverage, they bear the burden of proving it. The judge noted it would create a "moral impossibility" for the Crown to prove the negative — that someone lacks insurance among all possible insurers.

Because Stone elected to call no evidence at trial, he failed to discharge this burden. Judge Murdoch allowed the Crown's appeal, entered a conviction, and imposed a $500 fine.

Key Takeaway

In insurance cases, you must prove you have coverage — the Crown doesn't have to prove you don't.

If you're charged with driving without insurance, bring your insurance documents and be prepared to prove your coverage was valid on the date in question. Simply staying silent and hoping the Crown can't prove their case will likely result in conviction.