Law360 Canada ( September 2, 2021, 5:35 AM EDT) -- Appeal by Rajani from a decision upholding his conviction for using an electronic device while driving. The officer who issued the violation ticket observed the appellant looking down while driving. When the officer approached the vehicle, he saw a cell phone connected to a cord face-up in the appellant’s lap. The appellant testified his cell phone was wedged between his thigh and the car seat. The judicial justice found the precise location of the phone was irrelevant as it was a potential distraction and was in use because it was being charged. On appeal, the Supreme Court judge agreed the judicial justice erred in his reasoning but found that, even on the appellant’s evidence, the phone was being supported in a way that permitted its use. She found the appellant’s leg placement impacted the phone’s position such that it was being held within the meaning of the Motor Vehicle Act and upheld the conviction by applying the curative proviso....