The defendant, a TTC bus driver, was charged with careless driving under section 130 of the Highway Traffic Act for striking a 90-year-old pedestrian who was jaywalking at an unmarked crossing near a curved T-intersection.
The Crown argued the defendant failed to stop long enough at the stop signs before making a left turn.
The defendant testified he exercised due diligence, stopped briefly to look in all directions, and did not see the pedestrian who was obscured by the bus's structural blind spot, dark clothing against a dark building backdrop, and the complex geometry of the intersection.
The court found the Crown failed to prove beyond a reasonable doubt that the defendant drove carelessly, considering all circumstances including the pedestrian's jaywalking, unfamiliarity with the area, and the challenging intersection design.
