The defendant was charged with careless driving contrary to s. 130 of the Highway Traffic Act of Ontario, arising from a motor vehicle collision that resulted in a fatality.
The defence brought an abuse of process application alleging three breaches of s. 7 Charter rights: loss of evidence (destruction of the defendant's vehicle), breach of settlement privilege (disclosure of privileged pretrial discussions to the expert witness), and late disclosure of material evidence.
The court found all three breaches established and granted a stay of proceedings.
