The appellant, Mohinder Saini, appealed his conviction for four counts of dangerous driving causing death and nine counts of dangerous driving causing bodily harm, as well as his six-year sentence.
The collision involved 17 vehicles, resulting in four fatalities and nine serious injuries.
At trial, the appellant claimed momentary inattention due to undiagnosed sleep apnea and "microsleep" but the trial judge rejected this, finding his conduct a marked departure from the standard of care.
On appeal, Saini argued the trial judge applied uneven scrutiny to defence evidence, the sentence was unfit, and his s. 14 Charter right to an interpreter was breached.
The Court of Appeal dismissed all grounds of appeal, finding no palpable or overriding error in the trial judge's assessment of evidence, the sentence was within the appropriate range, and while some interpretation errors occurred during the reading of sentencing reasons, they were not material to the trial's fairness or the appellant's ability to participate, ordering a certified translation of the reasons as a remedy.
