R. v. Servacar Ltd., (1983) 1 O.A.C. 96 (CA)

• Judge: Dubin, Zuber and Goodman, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: October 14, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 96 (CA)

R. v. Servacar Ltd. (1983), 1 O.A.C. 96 (CA)

MLB headnote and full text

R. v. Servacar Limited

Indexed As: R. v. Servacar Ltd.

Ontario Court of Appeal

Dubin, Zuber and Goodman, JJ.A.

December 16, 1983.

Summary:

A licensee authorized to issue safety standards certificates and its motor vehicle inspection mechanic were charged under s. 74 of the Highway Traffic Act with wrongfully issuing a certificate, because the vehicle allegedly did not meet the prescribed standards. A justice of the peace convicted both accused. the licensee appealed to the Ontario Provincial Court.

The Ontario Provincial Court allowed the appeal and acquitted the licensee. The Crown appealed the acquittal.

The Ontario Court of Appeal dismissed the appeal.

Motor Vehicles - Topic 3266

Regulation of vehicles and traffic - Vehicle inspection - Duty of issuer of inspection certificate - The Ontario Court of Appeal held that the duty of a licensee authorized to issue a safety standards certificate under s. 74 of the Highway Traffic Act was to see that its inspection mechanic inspected the vehicle, and to be satisfied that the mechanic found the vehicle to comply with the inspection requirements and performance standards - The court held that the licensee had no vicarious liability under s. 74 for the failure of the mechanic to comply with the inspection requirements - See paragraphs 6 to 8.

Statutes Noticed:

Highway Traffic Act, R.S.O. 1980, c. 198, sect. 74 [paras. 3, 7 to 9].

Counsel:

Murray G. Forbes, for the appellant;

Thomas R. Lofchik, for the respondent.

This appeal was heard before Dubin, Zuber and Goodman, JJ.A., of the Ontario Court of Appeal, on October 14, 1983. The decision of the Court of Appeal was delivered orally by Dubin, J.A., and released on December 16, 1983.