N. Mazrooyi

The defendant was charged with pedestrian fail to use crosswalk contrary to section 144(22) of the Highway Traffic Act.

The defendant crossed Eglinton Avenue West in Toronto mid-block, approximately 50 meters from a designated crosswalk, and was struck by a vehicle.

The court determined that section 144(22) constitutes an absolute liability offence and that pedestrians have no legal right to cross a roadway mid-block unless using a marked crosswalk.

The defendant was found guilty.

The defendant was charged with failing to use a crosswalk under section 144(22) of the Highway Traffic Act after being struck by a vehicle while crossing a multi-lane road mid-block.

The court determined that the offence is one of absolute liability, meaning the prosecution only needed to prove the actus reus.

The court found that the defendant crossed the roadway outside of a marked crosswalk, which was located 50 meters away, and failed to yield to traffic.

The defendant was found guilty.