The defendant was charged with pedestrian fail to use crosswalk contrary to section 144(22) of the Highway Traffic Act.
The defendant crossed Eglinton Avenue West in Toronto mid-block, approximately 50 meters from a designated crosswalk, and was struck by a vehicle.
The court determined that section 144(22) constitutes an absolute liability offence and that pedestrians have no legal right to cross a roadway mid-block unless using a marked crosswalk.
The defendant was found guilty.