The defendant, Olavo Williams-Cordeiro, was charged with careless driving causing death and stunt driving following a high-speed incident on Highway 403.
The court found that the defendant, along with a motorcyclist and another car, were engaged in a joint enterprise of racing, driving at speeds significantly exceeding the limit (up to 193 km/hr for the defendant's vehicle).
The motorcyclist collided with a vehicle lacking rear lights and died.
The court determined that the defendant's driving behaviour, characterized by excessive speed, tandem driving, and dangerous lane changes in the dark, fell below the standard of a reasonably prudent driver, constituting careless driving.
The court rejected the defence argument that the collision occurred through no fault of the defendant, emphasizing that the dangerous activity of racing created a foreseeable risk, and the presence of a vehicle without lights was a foreseeable highway hazard.
The defendant was found guilty of both charges, with the Kienapple principle to be considered for sentencing.
