The Court of Appeal heard arguments over four days in April, after the Progressive Conservative government challenged the levy.

In its ruling, Ontario's top court rejected an attempt by Darrin Sim to have the conviction quashed, saying the trial judge made no mistakes in finding him guilty.

In upholding an earlier decision, the Court of Appeal said that forcing the courts to impose at least a 12-month jail term could, in some cases, be out of line with the various acts captured by the law.