R. v. Springdale Ultramar Ltd. (No. 2), (1990) 86 Nfld. & P.E.I.R. 230 (NFPC)

• Judge: Goulding, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: April 16, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 86 Nfld. & P.E.I.R. 230 (NFPC)

R. v. Springdale Ultramar (1990), 86 Nfld. & P.E.I.R. 230 (NFPC);

    268 A.P.R. 230

MLB headnote and full text

Her Majesty The Queen v. Springdale Ultramar Limited (No. 2)

Indexed As: R. v. Springdale Ultramar Ltd. (No. 2)

Newfoundland Provincial Court

Judicial Centre of Springdale

Goulding, P.C.J.

April 16, 1990.

Summary:

A mechanic issued a motor vehicle inspection certificate without first bothering to inspect the vehicle. The mechanic's employer was charged under the Highway Traffic Official Inspection Station Regulations, 1989. The company claimed it should not be held liable because it was not aware of the mechanic's conduct.

The Newfoundland Provincial Court held that the company failed to exercise due diligence and convicted the company.

Motor Vehicles - Topic 3262

Regulation of vehicles and traffic - Vehicle inspection - Evidence - A company was charged with issuing a motor vehicle inspection certificate contrary to the Highway Traffic Official Inspection Station Regulations - During the trial the company applied for a directed verdict on the ground that Crown failed to establish a prima facie case - The company submitted that the Crown failed to prove that the company's garage was an official inspection station by introducing the licence certificate - The Newfoundland Provincial Court dismissed the application on the ground that the Crown had proved the matter through direct testimony - See paragraph 13.

Motor Vehicles - Topic 3263

Regulation of vehicles and traffic - Vehicle inspection - Offences - Offences of strict liability - A mechanic issued a motor vehicle inspection certificate without first inspecting the vehicle - The mechanic's employer was charged under ss. 9(1) and 20(2)(a) of the Highway Traffic Official Inspection Station Regulations - There was no evidence that the employer exercised any supervision or control over the mechanic - Also, no instructions were given about how the mechanic was to operate - The Newfoundland Provincial Court held the company had not exercised due diligence and convicted the company - See paragraphs 18 to 23.

Motor Vehicles - Topic 3263

Regulation of vehicles and traffic - Vehicle inspection - Offences - Offences of strict liability - A company was charged with contravening the Highway Traffic Official Inspection Station Regulations, 1989 - A mechanic, an employee of the company, issued a motor vehicle inspection certificate for a vehicle without first inspecting it - The Newfoundland Provincial Court held that the offence was one of strict liability to which the due diligence defence was available - See paragraphs 15 to 17.

Motor Vehicles - Topic 4164

Offences - Intent or mens rea - Offences of strict liability - [See first Motor Vehicles - Topic 3263 ].

Cases Noticed:

R. v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295; 85 D.L.R.(3d) 161; 3 C.R.(3d) 30; 40 C.C.C.(2d) 353, appld. [para. 15].

R. v. Chapin, [1979] 2 S.C.R. 121; 26 N.R. 289; 45 C.C.C.(2d) 333; 7 C.R.(3d) 225, consd. [para. 17].

Statutes Noticed:

Highway Traffic Act, S.N. 1988, c. 33, sect. 206(1), sect. 206(2) [para. 24].

Highway Traffic Act, Highway Traffic Official Inspection Station Regulations, 1989 (Nfld.), sect. 7(2) [para. 11]; sect. 9(1) [para. 1]; sect. 19(4) [para. 16]; sect. 20(2)(a) [para. 1].

Counsel:

Counsel not disclosed.

This matter was heard by Goulding, P.C.J., of the Newfoundland Provincial Court, in Springdale, who delivered the following judgment orally on April 16, 1990.