M. Bayat

The offender was convicted of failing to yield to a pedestrian and driving while under suspension under the Highway Traffic Act after striking and killing an 85-year-old pedestrian in a crosswalk.

The offender had a lengthy history of driving while suspended for unpaid fines.

The court emphasized deterrence and denunciation for regulatory offences, sentencing the offender to 15 days of intermittent imprisonment, 12 months of probation, and a $500 fine.

The defendant was charged with failing to yield to a pedestrian and driving while under suspension after a black pickup truck struck an elderly woman on a mobility scooter in a crosswalk.

The central issue was the identity of the driver, as no witness saw the defendant actually driving or sitting in the driver's seat.

Relying on circumstantial evidence, including witness descriptions of a shirtless, nervous man who exited the driver's side and called 9-1-1, and police identification of the defendant at the scene, the court found the only reasonable inference was that the defendant was the driver.

The court also held that the defendant was deemed to have received notice of his licence suspension under the Highway Traffic Act.

The defendant was found guilty of both offences.

The accused was charged with impaired operation and excess blood alcohol after his vehicle was found stuck in a ditch.

The accused claimed he was not the driver and only occupied the driver's seat to try to extricate the vehicle while his friend pushed.

The court rejected the accused's testimony as untruthful, finding he was the driver based on his initial statements to police.

Alternatively, the court found the accused had care or control of the vehicle by occupying the driver's seat with the intention of setting it in motion, thereby failing to rebut the statutory presumption of operation.

The accused was found guilty on both counts.