Seat belt offence not ‘absolute liability’, Appeal Court decides
By Adrian Miedema
A driver’s failure to wear a seat belt, which is an offence under the Ontario Highway Traffic Act, is not an ‘absolute liability’ offence. Rather, ‘due diligence’ is an available defence, the Ontario Court of Appeal has decided.
A police officer saw a driver, one Wilson, stop his vehicle at a stop sign. The officer noticed Wilson’s seat belt hanging by his shoulder and charged Wilson with failing to wear a seat belt, contrary to the Highway Traffic Act. Wilson argued that he had removed his seat belt after stopping at the stop sign, because he noticed that his coffee in a cup holder in the backseat was spilling on his laptop…
Click on the link below to read the rest of the Dentons briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Life in Canada is getting harder for firms as commodities prices fall and work volumes slow
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all