The defendant was charged with operating an unsafe vehicle contrary to section 84 of the Highway Traffic Act after a wheel fell off his vehicle and struck a pedestrian.
The court found this to be a strict liability offence requiring a two-step analysis: first, the Crown must prove the actus reus beyond a reasonable doubt; second, if successful, the defendant must establish due diligence on a balance of probabilities.
The Crown proved the defendant was driving an unsafe vehicle when the wheel fell off.
However, the defendant established that he and his wife took all reasonable steps to maintain the vehicle, including regular servicing at a dealership and checking the wheels after hearing a noise.
The defendant was acquitted.
