The defendant was charged with failing to yield to a pedestrian contrary to section 140(1)(a) of the Ontario Highway Traffic Act.
The collision occurred at the intersection of Kingston Road and Brock Road in Pickering, where the defendant struck a pedestrian in a channelized right-turn lane.
The central issue was whether the collision location constituted a "pedestrian crossover" as defined by the Highway Traffic Act.
The court found conflicting evidence regarding the presence of white painted pedestrian crossing lines at the location.
Applying the R. v. W.(D.) test for credibility, the court found the pedestrian and civilian witness more credible than the investigating officer and defendant.
The court determined the location was an "uncontrolled crosswalk" rather than a "pedestrian crossover" and found the defendant not guilty of the charged offence but guilty of the included offence of failing to stop for a pedestrian in a crosswalk contrary to section 144(7) of the Highway Traffic Act.
