Defence Paralegal for McDonald

Understanding the Act and Rules of Statutory interpretation

  1. Defence Paralegal for McDonald

The facts of the case involving the McDonald and the Ontario tractor case is that the owner did not take her tractor to be checked on February as required by the law. Several issues arose concerning the case of McDonald, who was a farmer and an owner of a tractor that can have some exceptions in the application ofOntario Carriage of Persons Act. It is important to note that McDonald was not able to take her tractor to be checked in February as required by law because of some reasons. The first reason is that there was bad weather leading to tractor being ice-locked in the shed throughout February.

Don't use plagiarized sources. Get Your Custom Essay on
Defence Paralegal for McDonald
Just from $10/Page
Order Essay

The other fact is that McDonald took her tractor for inspection in April when the weather was favourable. The family used the tractor to go for a picnic where they loaded food to the back of the tractor, and the food containers rested on the platform. They did not also put the red flag required by law to show that she was carrying more than eight people and the load. The constable Plod found McDonald to be in breach of Ontario Carriage of Persons Act. The owner of the tractor could not take it for checking because of the various unavoidable circumstances that are exempted by the law. The change in weather prevented McDonald from meeting the deadline for tractor checkup.

The material fact of the case is that McDonald was not in breach of the law because the law states that, the vehicle adopted for the carriage of more than eight people ought to display a red flag at the rear. The objection to this law is that the tractor was not adopted to carry eight people because the tractor is mostly used to carry the load and not people. The owner was not using the tractor to transport people for a long distance, but they were going for a picnic near the river. This shows that McDonald was not using the tractor to carry the passengers, but she loaded the food and her family members in the back of her tractor. The owner was using available space on the back of her tractor, she did not intend to use the tractor as the means of transport, and the family was not travelling far for their picnic.

The second objection on this law is that the Ontario Carriage of Persons Act states that the vehicle should display at the rear the red flag at all times while it is on a public road. In the statement, McDonald drove a few kilometres up the road towards the river where they intended to have the picnic. They had not gone for a long distance before they were stopped. The statement failed to show that McDonald was not driving on the public road; this is because the family had planned to have their picnic near the river. This indicates that they were not far away from their home and were not on the public road.

McDonald was driving in their private road before Constable Plod stopped them. The other argument is based on the fact that there were two persons on the vehicle because others were juveniles according to law. The Ontario Carriage of Persons Act only emphasizes eight persons and does not include minors on board. This means that there were only two persons on board recognized by law; McDonald and her husband. It is therefore clear that McDonald is innocent and did not break the law on the red flag and checking of the vehicle; because of unavoidable circumstances involving weather.

  1. As Provincial prosecution

The material fact of the law is that McDonald used the tractor to transport her family without attaching the red flag at the back of the tractor. McDonald did not take due diligent by exposing her family to some dangers on the road; this is because she put the whole family and the food on the platform. This shows that her actions were negligent. The red flag is crucial because it is used to warn the other road users coming from the rear in order to approach with caution. Failure to put the red flag on the rear of the tractor was endangering the lives of the people onboard.

The other fact on the case is that McDonald failed to observe the Ontario Carriage of Persons Act by failing to observe the rules of the public road. The law requires that any adopted vehicle for carriage with more than eight people onboard ought to put the red flag on the rear when on a public road. McDonald, therefore, failed to observe the law. She drove the tractor to the place they intended to have a picnic with the family; this shows that McDonald was unable to find the requirements stipulated to guide the motorists on the roads. McDonald also breaks the law by allowing all his family members to stand on the platform behind the driver’s seat; this is not only exposing them to danger but also negligence. This clearly points to the fact that McDonald knew what she was doing, but she did not want to follow the law.

It is also clear that McDonald failed to take his vehicle to be checked during February as stipulated by section 5 of the Ontario Carriage of Persons Act. The reason she was unable to make the tractor for inspection is because of the bad weather which caused the tractor ice-locked in the shed during the entire month. The bad weather prevented the vehicle from inspection throughout February, but the fact that she took the tractor for inspection in the month of April shows that she did not observe the time. She ought to have taken her tractor for inspection in March because the tractor was covered by ice in the whole of February. The law applies to the fact above because ignorance is not a defence in the court of law. The fact that McDonald says that she did not know that it was a requirement to put a flag on the rear of her vehicle shows her ignorance which would not act an excuse to break the law.

The law concludes that McDonald broke the Ontario Carriage of Persons Act by carrying more than eight persons in her tractor without a red flag attached on the rear. This also shows negligence and lack of care because she exposed her children and her husband to dangers by carrying them on the back of the driver’s seat, which is against the law. She was also in breach of the law by endangering the lives of other road users by not putting the red flag on the rear of his vehicle. McDonald was also in violation of section 5 of the law because she failed to present the vehicle for inspection in February as stipulated in the law.

Get Professional Assignment Help Cheaply

Buy Custom Essay

Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?

Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.

Why Choose Our Academic Writing Service?

  • Plagiarism free papers
  • Timely delivery
  • Any deadline
  • Skilled, Experienced Native English Writers
  • Subject-relevant academic writer
  • Adherence to paper instructions
  • Ability to tackle bulk assignments
  • Reasonable prices
  • 24/7 Customer Support
  • Get superb grades consistently

Online Academic Help With Different Subjects


Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.


Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.

Computer science

Computer science is a tough subject. Fortunately, our computer science experts are up to the match. No need to stress and have sleepless nights. Our academic writers will tackle all your computer science assignments and deliver them on time. Let us handle all your python, java, ruby, JavaScript, php , C+ assignments!


While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.


Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.


In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.


Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.


We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!


We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.


Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.

What discipline/subjects do you deal in?

We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.

Are your writers competent enough to handle my paper?

Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.

What if I don’t like the paper?

There is a very low likelihood that you won’t like the paper.

Reasons being:

  • When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
  • We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.

In the event that you don’t like your paper:

  • The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
  • We will have a different writer write the paper from scratch.
  • Last resort, if the above does not work, we will refund your money.

Will the professor find out I didn’t write the paper myself?

Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.

What if the paper is plagiarized?

We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.

When will I get my paper?

You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.

Will anyone find out that I used your services?

We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.

How our Assignment  Help Service Works

1.      Place an order

You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.

2.      Pay for the order

Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.

3.      Track the progress

You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.

4.      Download the paper

The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.

smile and order essaysmile and order essay PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY!!!

order custom essay paper