R. v. Mills

Iacobucci J. ‑‑ This is an application by Stephan Mills (appellant) for an order, pursuant to s. 70 of the Supreme Court Act , R.S.C., 1985, c. S‑26 , reversing the judgment of the Court of Appeal for Ontario (1993), 81 C.C.C. (3d) 353, 63 O.A.C. 109, 22 C.R. (4th) 1, 15 C.R.R. (2d) 212, 45 M.V.R. (2d) 107, dated May 28, 1993, which upheld the judgment of Paisley J. of the Ontario Court (General Division), dated November 3, 1992, which upheld the order of Judge Waldman of the Ontario Court (Provincial Division), dated May 27, 1992, by which the appellant was convicted of driving "over 80" contrary to s. 253 (b) of the Criminal Code , R.S.C., 1985, c. C‑46 , and fined $500 and prohibited from driving for one year.

Upon reading the materials filed by the parties including the affidavit of Lawrence Ben‑Eliezer sworn on March 31, 1995, and the consent of the parties to a reversal of judgment and a judgment pursuant to s. 70 of the Supreme Court Act acquitting the appellant of said charge;

It is hereby ordered that: