Supreme Court

Judge:

The Honourable Justice Patrick J. Murray

Heard:

October 12, 2016, in Sydney, Nova Scotia

Decision:

January 18, 2017

Subject:

Appeal from directed verdict of acquittal on charge contrary to s. 133(1) of the MVA.

Summary:

There three (3) grounds set out in the Notice of Appeal:

1.      The learned adjudicator committed an error of law by providing a directed verdict to the Respondent on a ground not put forward by the Respondent;

2.      The learned adjudicator committed an error of law by failing to provide the Appellant with an opportunity to re-open its case to address the issue raised by the learned adjudicator; and

3.      The learned adjudicator committed an error of law by failing to provide any or alternatively, proper, consideration to relevant evidence.

Issues:

Should the appeal be allowed?

Result:

Appeal dismissed.

Cases sited:

Motor Vehicle Act of Nova Scotia, R.S.N.S. 1989, c. 293; R v. Dill, 2005 ABQB 49 (CanLII); R v. P (M.B.), 1994 CanLII 125 (SCC); R v. Smith, 2011 SKQB 324 (CanLII); R v. G (S.G.), [1997] 2 SCR 716; R v. McKenna, (1956) 40 Cr. App. R. 65; R v. Gowling, 2012 ABPC 38; R v. Huluszkiw, [1963] 1 O.R. 157; R v. O’ Kane, 2012 MBCA 82 (CanLII); R v. Calnen, 2015 NSSC 331 (CanLII); R v. Charemski [1998] 1 S.C.R. 679; United States of America v. Sheppard, [1977] 2 R.C.S. 1067; R v. Dennis, 2012 ONSC 1878 (CanLII); and R. v. Arcuri, 2001 SCC 54 (CanLII).