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The court dismissed the appeal, upholding the conviction for failing to yield when entering a highway from a private driveway.
The appellant was convicted of failing to yield the right of way on entering a highway from a private road, contrary to section 139(1) of the Highway Traffic Act.
The collision occurred when the appellant's vehicle exited the Travel Lodge parking lot and struck the vehicle of Paul LaFrance, who was turning left onto Elgin Mills Road from northbound Yonge Street.
The appellant appealed the conviction, arguing there was insufficient evidentiary foundation that her vehicle had entered from a private driveway.
The appellate court upheld the conviction, finding that the trial record provided a sufficient factual basis for the conclusion that the appellant's vehicle had entered from the Travel Lodge parking lot and failed to yield to oncoming traffic.
The defendant was convicted of careless driving after the court rejected her testimony regarding the traffic light colour based on the vehicle damage pattern.
The defendant was charged with careless driving under section 130 of the Highway Traffic Act following a two-vehicle collision at the intersection of 16th Avenue and Woodbine Avenue in Markham on May 1, 2016.
Both drivers claimed to have a green traffic light.
The court found the traffic control signals were functioning properly and that both the east/west and north/south lights could not have been green simultaneously.
Based on credibility assessments and the pattern of vehicle damage, the court rejected the defendant's evidence and accepted the complainant's testimony that he had a green light while the defendant proceeded through a red light.
The defendant was convicted of careless driving.
