The accused was charged with dangerous operation of a motor vehicle causing death under s. 249(4) of the Criminal Code.
On April 21, 2018, the accused was operating a 2017 Toyota on the Queen Elizabeth Highway when his vehicle collided with the left centre concrete median, resulting in the death of his passenger.
The Crown relied on evidence of excessive speed (174 km/h in a 100 km/h zone), operation on a gravel shoulder with bald tires, and full acceleration while on the shoulder.
The defence argued the accused was cut off and that evidence of racing was unreliable.
The court found the accused guilty, determining his manner of driving constituted a marked departure from the standard of care expected of a reasonable person in the circumstances.
