The defendant was charged with careless driving contrary to section 130 of the Highway Traffic Act following a motor vehicle collision that resulted in the death of a pedestrian.
The Crown alleged the defendant was driving at an inappropriate speed for wet road conditions.
The defendant claimed his vehicle's brakes suddenly failed, causing the loss of control.
The trial judge found the road was wet at the time of the collision, rejected the mechanical failure defence as speculative, and found the defendant's testimony regarding road conditions and vehicle speed to be unreliable due to inconsistencies with his earlier statement to police.
The defendant was convicted of careless driving.