Oliver Caves

The defendant was charged with making an unsafe left turn contrary to section 142(1) of the Highway Traffic Act.

The defendant's vehicle collided with an eastbound motorcycle, resulting in the death of the motorcycle driver.

The court found that the defendant's vehicle crossed the centre line into the path of oncoming traffic without first ensuring the movement could be made safely.

The defendant did not testify and raised no defence.

The court convicted the defendant of the offence, finding that the prosecution proved the actus reus beyond a reasonable doubt and that the defendant failed to establish a due diligence defence.

The defendant was charged with careless driving contrary to section 130 of the Highway Traffic Act following a collision on June 14, 2018, in Burlington, Ontario, in which a 94-year-old pedestrian on a mobility scooter was struck and fatally injured.

The prosecution bore the burden of proving the actus reus beyond a reasonable doubt.

The court found that while the defendant failed to see the victim prior to impact, the evidence did not establish careless driving.

The court considered the brief timeframe involved (approximately one second for the scooter to reach the point of impact and three to four seconds for the defendant to execute his turn), the visibility conditions including shadows and bright sunlight, the victim's scooter traveling at maximum speed in a marked crosswalk, and the absence of aggravating factors such as speeding, impairment, or distraction.

The court concluded that the momentary inattention, if present, did not rise to the level of careless driving deserving of punishment under the circumstances.