Dr. Lino Garcia

The accused was charged with criminal negligence causing death, dangerous driving causing death, impaired driving causing death, and driving with a blood alcohol concentration over 80 mg causing death following a single motor vehicle rollover.

The sole issue at trial was the identity of the driver.

The court heard evidence from civilian witnesses, police, and expert witnesses on collision reconstruction and occupant kinematics.

The court rejected the defence expert's opinion that the deceased was the driver and accepted the Crown's expert evidence, along with civilian testimony and physical evidence, concluding beyond a reasonable doubt that the accused was the driver.

The accused was found guilty on all counts.

The applicants claimed to have been injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer denied the benefits, alleging that the applicants wilfully misrepresented material facts by claiming they were involved in an accident that did not occur as described.

Relying on expert evidence in accident reconstruction, the arbitrator found that the physical damage to the vehicles was inconsistent with the applicants' accounts.

The arbitrator concluded that the applicants deliberately misrepresented material facts and were therefore precluded from receiving accident benefits under section 48 of the Schedule.

The applicants' claims for income replacement and medical benefits were dismissed, and they were ordered to pay the insurer's arbitration expenses.