The accused was charged with two counts of criminal negligence causing death and two counts of criminal negligence causing bodily harm arising from a motor vehicle collision at a Costco store parking lot in London, Ontario.
The vehicle, operated in reverse, travelled approximately 59 meters across the parking lot and crashed through the front entrance of the store, resulting in the deaths of two individuals (including a newborn) and injuries to two others.
The accused claimed her foot became caught under the brake pedal while she was unable to apply the brakes.
The court rejected this explanation as physically impossible based on the vehicle's pedal configuration and the accused's shoe dimensions.
The court found the accused guilty of the lesser included offence of dangerous driving rather than criminal negligence, distinguishing the case based on the absence of wanton or reckless disregard required for the more serious charge.
