The accused, a transport truck driver, was charged with four counts of dangerous driving causing death and nine counts of dangerous driving causing bodily harm after colliding with multiple vehicles in a construction zone on Highway 401.
The Crown proved the actus reus, showing the accused failed to slow down despite clear signage and stopped traffic.
The defence argued the accused experienced a 'micro-sleep' due to undiagnosed sleep apnea and chronic renal disease, negating the mens rea.
The court rejected the expert evidence of a micro-sleep, finding the accused's prolonged inattention and failure to brake constituted a marked departure from the standard of care of a reasonable person.
The accused was found guilty on all counts.
