G. Burd

The defendant, Mesfin Weldeab, charged with Careless Driving and Careless Driving Causing Bodily Harm, brought an abuse of process application seeking a stay of proceedings.

The application arose after the Crown sought to call an additional eyewitness, despite earlier indications that only one witness (Accident Reconstructionist) would be called and an Agreed Statement of Facts being in place.

The defence argued this constituted an abuse of process, compromising trial fairness and undermining justice system integrity.

The court dismissed the Crown's motion for summary dismissal of the application due to late filing.

Applying the three-part test for abuse of process from R. v. Babos, the court found no prejudice to the accused's right to a fair trial or the integrity of the justice system, and that alternative remedies existed.

The application was denied.

The defendant, Darren Robert Lingard, pleaded guilty to careless driving causing bodily harm under the Highway Traffic Act, S.130(3), following a collision caused by failing to stop at a stop sign, which resulted in significant injuries to a passenger in the other vehicle.

The court accepted a joint submission from the Crown and defence, imposing a $2000 fine and a 12-month probation order with specific conditions, including a 30-day driving prohibition and completion of a 'Back on Track' program.

The judge emphasized the importance of specific and general deterrence, noting the defendant's extensive driving record.