The defendant, Joseph John Nazark, was charged with careless driving causing bodily harm or death under the Highway Traffic Act after colliding with a cyclist, Raymond Girard, during a left turn.
The defense argued the cyclist was improperly riding on the sidewalk and in the crosswalk, and that obstructions hindered visibility.
The prosecution contended the defendant failed to ensure a safe turn and that the cyclist had the right of way.
The court, applying the strict liability standard for careless driving, found that the defendant's driving fell below the standard of a reasonably prudent driver, regardless of the cyclist's actions, as the defendant failed to see what ought to have been seen and adjust to changing circumstances.
Nazark was found guilty.
