Brett Moodie

The defendant was charged with failing to stop for a red light contrary to section 144(18) of the Highway Traffic Act.

The collision occurred at the intersection of Bristol Road and Hurontario Street in Mississauga when the defendant's pickup truck struck a high school student riding a bicycle in a pedestrian crosswalk.

The central issue was whether the defendant's vehicle crossed the stop line when the traffic light was red or yellow.

The court found the defendant's testimony that he crossed on a yellow light to be self-serving and incredible, and determined based on credible witness testimony and circumstantial evidence regarding traffic light timing that the defendant crossed the stop line when the light had been red for approximately 2.5 to 3.5 seconds.

The defendant was convicted.

The applicant sought a bail review after being denied bail on secondary grounds under s. 515(10)(b) of the Criminal Code for impaired driving, driving over 80, and driving while disqualified.

The applicant argued that a materially different release plan existed, including three proposed sureties, house arrest, supervision at work, and alcohol counselling.

The court found the proposed plan largely replicated the earlier proposal and did not constitute a material change in circumstances.

Given the applicant’s prior impaired driving record, outstanding charges, breach of a driving prohibition, and extremely high blood alcohol readings, the court concluded there remained a substantial likelihood of reoffending and risk to public safety.

The detention order was therefore maintained.

The applicant brought a bail review under s. 520 of the Criminal Code following a prior unsuccessful bail review.

The court noted that the applicant failed to obtain a judicial order for his attendance and filed an unsworn affidavit.

The materials largely duplicated those from the earlier bail review and did not demonstrate a material change in circumstances.

Additionally, the applicant failed to file the required transcript of the prior detention review proceedings as mandated by the applicable rules.

The application was adjourned sine die until the record is properly perfected and scheduled before the judge who heard the initial bail review.