The Crown appealed the acquittal of the respondent, Dhanbir Shergill, on a charge of careless driving under the Highway Traffic Act, following a fatal collision involving a TTC bus he was driving.
The trial judge had dismissed the charge, relying on an inapplicable legal principle and misapprehending critical evidence regarding pedestrian right-of-way and the bus's movement.
The Superior Court found that the trial judge erred in relying on the Globocki principle and in failing to consider key evidence from witnesses and accident reconstruction.
The appeal was allowed, the acquittal set aside, and a new trial ordered, as the appellate court deemed it inappropriate to enter a conviction without a proper assessment of evidence by a trier of fact.
