The appellant was charged with dangerous operation of a motor vehicle causing death after his vehicle crossed the centre line into oncoming traffic, killing three people.
The trial judge acquitted the appellant, finding that his momentary lapse of attention did not constitute a marked departure from the standard of care of a reasonably prudent driver.
The Court of Appeal set aside the acquittals and ordered a new trial.
The Supreme Court of Canada allowed the appeal and restored the acquittals, holding that a momentary lapse of attention, without more, cannot establish the actus reus and mens rea of the offence of dangerous driving.
