Braden Adsett

The Plaintiffs moved to strike the statement of defence due to the Defendant's failure to serve a sworn affidavit of documents and attend examination for discovery.

Alternatively, they sought an order compelling compliance.

The Defendant cross-moved to compel the injured Plaintiff, Zbigniew Antczak, to attend examination for discovery, arguing his injuries did not prevent it.

The court dismissed the Plaintiffs' motion to strike, finding the Defendant had cured the affidavit default and had a reasonable explanation for delaying discovery (pending Crown Brief from Highway Traffic Act charges).

The court also dismissed the Defendant's cross-motion, ruling that Zbigniew Antczak, due to severe traumatic brain injury and court-appointed guardianship, was not competent to give evidence at discovery.

Omar Bataineh was found guilty after trial of failing to stop after an accident resulting in death.

The Crown sought 12-18 months jail, while the defence requested a conditional sentence.

The court found that Bataineh was aware he struck the victim, stopped briefly away from the scene, and then deliberately drove past the scene again without stopping.

Despite his good character and stated remorse, the court noted a lack of insight into his behaviour, as he described himself as a victim.

Emphasizing denunciation and deterrence, the court sentenced Bataineh to 12 months in custody, a three-year driving prohibition, and one year of probation.