The defendant was charged with dangerous driving causing death after making an illegal U-turn that resulted in a fatal collision with a motorcycle.
The court found that the defendant's driving was objectively dangerous, thus establishing the actus reus of the offence.
However, the court acquitted the defendant, concluding that while the driving constituted a departure from the standard of care, it did not amount to a "marked departure" required for criminal fault, but rather a single, momentary error in judgment.
The decision emphasized the distinction between civil negligence and criminal conduct, relying on Supreme Court of Canada jurisprudence.
