G. Laarhuis

The accused, a professional truck driver, was charged with four counts of criminal negligence causing death and three counts of criminal negligence causing bodily harm following a multi-vehicle collision on Highway 401.

The accused's tractor-trailer, travelling at 100 km/h on cruise control, failed to slow down for a line of stop-and-go traffic, striking a car and causing a chain reaction.

The court found that the accused was distracted, likely reaching down for an extended period, and failed to perceive or react to the obvious hazard ahead.

The court concluded that the accused's conduct was a marked and substantial departure from the standard of a reasonably prudent driver, demonstrating a wanton and reckless disregard for the lives and safety of others.

The accused was found guilty on all counts.

The appellant appealed his conviction for assault causing bodily harm following a physical altercation with a co-worker.

The appellant admitted to kicking the complainant in the face but claimed self-defence.

The trial judge rejected the appellant's evidence and accepted the testimony of an eyewitness, concluding the kick was not in self-defence.

On appeal, the appellant argued the trial judge erred in assessing witness credibility and resolving factual issues.

The Superior Court of Justice found no palpable and overriding error in the trial judge's credibility findings and dismissed the appeal.

In a first-degree murder prosecution involving the deaths of four female family members, the Crown sought to call expert evidence concerning the sociological phenomenon of so‑called honour killings.

The defence challenged the admissibility of the proposed expert opinion evidence.

Applying the framework in R. v. Mohan and R. v. Abbey, the court considered whether the proposed evidence related to a proper subject of expert opinion, whether the witness was qualified, whether the evidence was logically relevant to motive, and whether it survived a cost‑benefit analysis balancing probative value against potential prejudice.

The court found the proposed expert highly qualified and concluded that cultural evidence about honour killings could assist the jury in understanding the alleged motive without usurping the jury’s fact‑finding role.

The evidence was therefore ruled admissible.