The defendant was charged with making a right turn not in safety contrary to section 142(1) of the Highway Traffic Act following a fatal collision with a pedestrian at the intersection of Torbram Road and Walker Drive in Brampton on December 1, 2010.
The Crown relied on circumstantial evidence including surveillance videos, GPS tracking data, expert identification of the vehicle, and the defendant's own admissions to establish that the defendant was operating the transport truck that struck and killed the pedestrian.
The defendant argued that the Crown had failed to prove beyond a reasonable doubt that he was the driver and that even if he was, he had exercised due diligence.
The court found that the Crown had proven the actus reus of the offence beyond a reasonable doubt and that the defendant had failed to establish the defence of due diligence on a balance of probabilities.
The defendant was convicted.
