J. Burness

The defendant was convicted of stunt driving under the Highway Traffic Act.

The Crown sought imprisonment of 30 days and a 30-day licence suspension, or alternatively a fine of $8,000-$10,000 with a 6-month suspension.

The defence sought the minimum fine of $2,000.

The court imposed a fine of $2,500 with 240 days to pay and no licence suspension, considering the defendant's personal circumstances, the absence of actual harm, the novelty of the conviction, and the essential role of truck drivers during the COVID-19 pandemic.

The defendant was charged with driving a commercial motor vehicle on Highway 401 without due care and attention by driving in a manner indicating an intention to drive as close as possible to another vehicle, contrary to section 172(1) of the Highway Traffic Act and Ontario Regulation 455/07.

The Crown presented evidence from three police officers, including aerial surveillance footage showing the defendant's tractor-trailer following another commercial vehicle at dangerously close distances (as little as 3 metres) over approximately 5 kilometres while traveling at 102 km/hr.

The defendant challenged the identity of the driver and argued the Crown failed to prove the requisite intent and that the distance was not "as close as possible." The court found the defendant guilty, holding that the manner of driving indicated the requisite intention and that the Crown had proven all elements beyond a reasonable doubt.