1.         In view of the testimony of Mr. Smith, it is readily apparent that the presence of Mr. Jones at the convenience store is an important question.

2.         Counsel cites a number of cases and the principles therein in support of its submission that Ms. Denard is a contractor and not an employee.

3.         The argument was made by counsel that the rezoning application was submitted subsequent to the posted deadline.

4.         It is apparent from the transcript of proceedings and confirmed by both counsel in submissions to this court, that beginning in November 1997, the defendant had determined that he wished to change his plea to one of not guilty.

5.         It is accordingly important that prior to making findings of credibility which are determinative of the issues between the parties, the court be satisfied as to the adequacy of testimony when that testimony has been delivered in a language other than English.

6.         When the accused exited the vehicle, he was advised by Constable Lett that he would be taken into custody.

7.         In my opinion, Charlton v. Smithers can be distinguished from the case we are dealing with today and therefore it is not relevant to our considerations.

(From Edward Berry, Writing Reasons, 3d ed. (Peterborough: E-M Press, 2007))