The accused was charged with dangerous operation of a motor vehicle causing death.
The victim, a 13-year-old girl, was struck and killed by the accused's vehicle while crossing Airport Road in Caledon, Ontario.
The Crown alleged the accused was speeding; the defence argued the victim's unexpected entry into traffic made the collision inevitable and that the accused's speed did not constitute dangerous driving.
The court found the accused was travelling at 152 KPH in a 50 KPH zone near a residential area and village entrance on a day when pedestrian traffic was reasonably foreseeable.
The court convicted the accused of dangerous driving causing death, finding both actus reus and mens rea established, and that causation was proven despite the victim's unexpected action.
