R. v. Eldridge, (1978) 32 N.S.R.(2d) 608 (CoCt)

• Case Date: March 30, 1978
• Jurisdiction: Nova Scotia
• Citations: (1978), 32 N.S.R.(2d) 608 (CoCt)

R. v. Eldridge (1978), 32 N.S.R.(2d) 608 (CoCt);

    54 A.P.R. 608

MLB headnote and full text

R. v. Eldridge

(CH 27467)

Indexed As: R. v. Eldridge

Nova Scotia County Court

District Number One

O Hearn, C.C.J.

March 30, 1978.

Summary:

This case arose out of a charge of driving within a sidewalk area, contrary to s. 147 of the Motor Vehicle Act. The accused had goods to deliver at a store. All the parking areas around the store were occupied so the accused drove his Honda Civic onto the sidewalk in front of the store entrance. The trial judge dismissed the charge on the ground that what the accused did was convenient and practical in the circumstances and that he was not impeding the flow of pedestrian traffic. The Crown appealed.

The Nova Scotia County Court allowed the appeal and held that the accused was guilty of the charge. Compare: Ex parte Colter, R. v. Mackin (1969), 1 N.B.R.(2d) 350.

Motor Vehicles - Topic 47

Definitions - Meaning of "driveway" - The Nova Scotia County Court discussed the meaning of "driveway" as it relates to the Motor Vehicle Act, R.S.N.S. 1967, c. 191 - See paragraph 10.

Motor Vehicles - Topic 48

Definitions - Meaning of "loading zone" - The Nova Scotia County Court discussed the meaning of "loading zone" as it relates to the Motor Vehicle Act, R.S.N.S. 1967, c. 191 - See paragraph 11.

Motor Vehicles - Topic 3306

Regulation of vehicles and traffic - Defences - Based on convenience - The accused was charged with driving on a sidewalk, contrary to s. 147 of the Motor Vehicle Act (R.S.N.S.) - The accused had goods to deliver at a store - All the parking areas around the store were occupied so the accused drove his vehicle onto the sidewalk in front of the store entrance - The trial judge dismissed the charge on the ground that what the accused did was convenient and practical in the circumstances - See paragraph 5 - The Crown appealed - The Nova Scotia County Court allowed the appeal and held that inconvenience was not a defence or excuse for a breach of s. 147 - See paragraph 6 - The County Court stated that the trial judge did not have the discretion to overlook the offence as a trivial one - See paragraph 12.

Statutes Noticed:

Motor Vehicle Act, R.S.N.S. 1967, c. 191, sect. 147 [para. 1].

Counsel:

Mary Ellen Donovan, for the appellant;

Robert Murrant, for the respondent.

This case was heard at Halifax, Nova Scotia, before O HEARN, C.C.J., of the Nova Scotia County Court.

On March 30, 1978, O HEARN, C.C.J., delivered the following judgment: