R. v. Mackin, (1964) 1 N.B.R.(2d) 350 (QB)

CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateSeptember 24, 1964
JurisdictionNew Brunswick
Citations(1964), 1 N.B.R.(2d) 350 (QB)

R. v. Mackin (1964), 1 N.B.R.(2d) 350 (QB);

    1 R.N.-B.(2e) 350

MLB headnote and full text

Sommaire et texte intégral

Ex Parte Colter

R. v. Mackin

Indexed As: R. v. Mackin

Répertorié: R. v. Mackin

New Brunswick Court of Queen's Bench

West, J., In Chambers

September 24, 1964.

Summary:

Résumé:

The New Brunswick Court of Queen's Bench quashed the conviction of the accused under section 136(2) of the Motor Vehicle Act, for unlawfully driving to the left of a solid white line.

The New Brunswick Court of Queen's Bench granted review of conviction because of failure of Crown to notify the defendant of the date of the judgment pronounced by the Magistrate which resulted in the loss of the defendant's right to appeal within the statutory period.

The New Brunswick Court of Queen's Bench held that the denial of opportunity to appeal constitutes a denial of natural justice.

The New Brunswick Court of Queen's Bench held that the failure to return to the right hand side of the highway until safely clear of the over-taken vehicle is not an offence under the Motor Vehicle Act even though defendant drove to the left of centre of a solid white line just prior to return to right hand side.

The New Brunswick Court of Queen's Bench held that section 136 of the Motor Vehicle Act must be read together with sections 130 to 135 and that statutes must be interpreted sensibly and not literally.

Civil Rights - Topic 3181

Trials, due process, fundamental justice and fair hearings - Administrative and non-criminal proceedings - Right of appeal - Certiorari - Denial to defendant of opportunity to appeal constitutes denial of natural justice - Conviction quashed (New Brunswick Court of Queen's Bench).

Torts - Topic 406

Negligence - Motor vehicle, rules of the road - Passing, failure to drive to the right of the centre of the road - Driving to left of solid white line - Motor Vehicle Act, section 136 - Whether failure to return until safely clear of over-taken vehicle constitutes offence (New Brunswick Court of Queen's Bench).

Statutes - Topic 507

Interpretation - General principles - Sensible and not literal interpretation - Sensible interpretation of statutes required (New Brunswick Court of Queen's Bench).

Cases Noticed:

R. v. The Chancellor, Masters & Scholars of the University of Cambridge (1723), 1 Strange 557, folld.

R. v. Wandsworth (1942), 1 All E.R. 56, folld.

R. v. Nat. Bell Liquors Ltd., [1922] 2 A.C. 128, dist.

Statutes Noticed:

Summary Convictions Act, R.S.N.B., 1952, c. 220, sect. 47, sect. 58.

Motor Vehicle Act, S.N.B. 1955, c. 13, sect. 130, sect. 131, sect. 132, sect. 133, sect. 134, sect. 135, sect. 136.

Counsel:

E.D. Westhaver, for the Crown;

C.T. Gilbert, Q.C., for Ashley Alexander Colter.

APPLICATION by way of certiorari to set aside conviction under Motor Vehicle Act.

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3 practice notes
  • Haley v. Richardson, (1975) 10 N.B.R.(2d) 653 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • September 13, 1974
    ...to pass in such an area may have a defence if prosecuted for a violation of the Motor Vehicle Act - R. v. Mackin, ex parte Colter, 1 N.B.R.(2d) 350, [1965] 3 C.C.C. 297 - it does not follow that he is not negligent with respect to his duty of care to others using the highway. "After co......
  • Haley v. Richardson et al., (1974) 9 N.B.R.(2d) 318 (QB)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • April 22, 1974
    ...awarded $10,000 general damages for death for the benefit of a mother - See paragraph 58. Cases Noticed: R. v. Mackin, ex parte Colter, 1 N.B.R.(2d) 350, [1965] 3 C.C.C. 297, folld. [para. Heppell v. Irving Oil Co. (1973), 6 N.B.R.(2d) 327, 40 D.L.R.(3d) 476, folld. [para. 26]. Pasternack v......
  • R. v. Eldridge, (1978) 32 N.S.R.(2d) 608 (CoCt)
    • Canada
    • March 30, 1978
    ...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 "d......
3 cases
  • Haley v. Richardson, (1975) 10 N.B.R.(2d) 653 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • September 13, 1974
    ...to pass in such an area may have a defence if prosecuted for a violation of the Motor Vehicle Act - R. v. Mackin, ex parte Colter, 1 N.B.R.(2d) 350, [1965] 3 C.C.C. 297 - it does not follow that he is not negligent with respect to his duty of care to others using the highway. "After co......
  • Haley v. Richardson et al., (1974) 9 N.B.R.(2d) 318 (QB)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • April 22, 1974
    ...awarded $10,000 general damages for death for the benefit of a mother - See paragraph 58. Cases Noticed: R. v. Mackin, ex parte Colter, 1 N.B.R.(2d) 350, [1965] 3 C.C.C. 297, folld. [para. Heppell v. Irving Oil Co. (1973), 6 N.B.R.(2d) 327, 40 D.L.R.(3d) 476, folld. [para. 26]. Pasternack v......
  • R. v. Eldridge, (1978) 32 N.S.R.(2d) 608 (CoCt)
    • Canada
    • March 30, 1978
    ...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 "d......

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