What is the standard of due diligence required for a driver to obtain a licence from a suspended license?
Ontario, Canada
The following excerpt is from R. v. Summerfield, 2012 ONCJ 183 (CanLII):
[76] The defendant has failed to establish on a balance of probabilities that his mistaken belief as to the validity of his driver’s licence on May 14th, 2011, was reasonable. His actions in driving a motor vehicle on the subject offence date without first making a thorough inquiry as to whether his driver’s licence remained as of that date, in a state of suspension, fails to rise to the standard of due diligence enunciated in Regina v. Courtaulds Fibres Canada, supra., being “a high standard of awareness and decisive, prompt and continuing action”.
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