K. Rogers

The accused, charged with second-degree murder, brought a motion for a mistrial following the Crown's opening address.

The defence argued the Crown's remarks were inflammatory, included personal opinions, and improperly commented on the anticipated defence strategy, thereby undermining the accused's right to silence and reversing the burden of proof.

The court agreed, finding the Crown's characterization of the accused as an 'animal' and its pre-emptive arguments irreparably damaged the fairness of the trial.

The motion was granted and a mistrial was ordered.

The accused, a tow truck operator, was charged with criminal negligence causing death after parking his flatbed tow truck partially in the fast lane of Highway 403 to assist a stranded motorist.

A driver travelling in the fast lane struck the rear of the tow truck and was killed instantly.

The court assessed whether the accused's actions constituted a marked and substantial departure from the standard of care of a reasonable tow truck operator.

After considering expert testimony on towing industry standards and human factors, the court found that the accused's actions, while risky, fell within accepted industry practices and did not amount to a wanton or reckless disregard for the lives and safety of others.

The accused was found not guilty.