The accused was charged with three counts of dangerous driving causing death after driving a dump truck through a red light and striking another vehicle.
The Crown's accident reconstruction expert initially opined that driver error was the sole cause, but conceded in cross-examination that sun glare, flashing emergency lights, and another vehicle in the accused's blind spot could have been contributing distractions.
The court found that while the actus reus was established, the Crown failed to prove beyond a reasonable doubt that the accused's actions constituted a marked departure from the standard of care of a reasonably prudent driver in the circumstances.
The charges were dismissed.
