The defendant was charged with unsafe turn/lane change contrary to section 142(1) of the Highway Traffic Act.
The collision occurred at the intersection of Spadina Avenue and Bremner Boulevard in Toronto when the defendant's Honda SUV made a right turn and collided with a motorcycle.
The court found that the prosecution proved the actus reus of the offence beyond a reasonable doubt.
The defendant's due diligence defence failed because he made an unsafe right turn in a short distance where he was unable to see the motorcycle or stop to avoid collision.
The court rejected the defendant's assertion that the curb lane was clear, finding it unreasonable given the traffic conditions and the short distance and time available for the maneuver.
