Foreman

The decision concerns a fatal boating accident in Toronto, where Filip Grkovski was charged with multiple counts of criminal negligence and impaired operation causing death and bodily harm.

The court found that the only viable route to conviction was if Grkovski was proven to be driving at the time of the crash.

After reviewing the evidence, the court found reasonable doubt as to who was driving and acquitted Grkovski of all charges.

The court considered the Crown's application under section 714.2 of the Criminal Code to permit a key witness, Ms. Kelly Zeng, to testify by Zoom from outside Canada.

The application arose after the Crown failed to subpoena Ms. Zeng before she left the country.

The defence argued that the Crown should not benefit from its own negligence.

The court agreed, finding it contrary to the principles of fundamental justice to allow remote testimony in these circumstances, and dismissed the application, but left open the possibility for the Crown to renew it if further information became available.