The defendant was charged under subsection 142(1) of the Highway Traffic Act for an unsafe right turn, resulting in a collision with a cyclist.
The prosecution proved the actus reus of the offence.
The defendant raised the defence of due diligence and reasonable belief in a mistaken set of facts, arguing that factors such as the cyclist's dark clothing, lack of e-bike headlight, insufficient lighting, and the e-bike's speed contributed to his inability to see the cyclist.
The court found that the defendant failed to prove his due diligence or that his belief in a mistaken set of facts was objectively reasonable, emphasizing the heavy onus on drivers to ensure turns are made safely.
A conviction was registered.