On February 26, 2013, P.C. Hayward was conducting his duties in a uniform capacity on Kingston Road in the City of Toronto. He was enforcing the posted 60 kilometres per hour speed limit on the road.
The officer was using a Lidar Atlanta laser mounted on a tripod. P.C. Hayward testified that he confirmed that the manufacturer’s specifications were met by his testing of the device at the police station both before and after his enforcement duties.
At 7:31 in the morning, using his Lidar Atlanta, he measured the speed of a black GMC SUV driven by the appellant at 80 kilometres per hour. The police officer waived the vehicle over and gave the appellant a ticket for speeding.
The appellant testified in his own defence that he was driving on his way to work that morning. He has always taken Kingston Road to work and was aware the police frequently set up speed traps along the route.
As a result, he testified that he was doing the speed limit of 60 kilometres per hour. He acknowledged that P.C. Hayward waived him over and gave him a ticket. However, he testified that there was another black motor vehicle in front of him at the time he was waived over.