COURT OF APPEAL FOR ONTARIO
Doherty, Gillese and Brown JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Vincent Bennett
Appellant
Counsel:
Ian Carter, for the appellant
John Neander, for the respondent
Heard: July 22, 2015
On appeal from the conviction entered by Justice J.M. Johnston of the Superior Court of Justice, dated October 30, 2014.
APPEAL BOOK ENDORSEMENT
1The appellant accepts, properly in our view, that there was a reasonable basis in the evidence for a finding of guilt on the charge.
2He argues that the trial judge misapprehended the evidence in holding that the appellant “failed to negotiate the start of the curve to the point of impact”. He submits that, at its highest, the evidence supports a failure to negotiate the curve at some point while the vehicle was in the curve.
3Counsel submits that the difference between the two is crucial to a finding of guilt on the dangerous driving charge. In our view, it was open to the trial judge to interpret the relevant data and the expert evidence as he did: see Reasons for Judgment, p. 39, l. 10 to p. 40, l. 18.
4The trial judge did consider the evidence of the people in the car behind the appellant. He did not misapprehend it, but rejected it as unreliable in the circumstances. He gave detailed reasons for doing so. Those reasons accurately reflect the evidence: see in particular the trial judge’s comments at p. 52, l. 20 to p. 53, l. 11 (Re. Ms. MacDonald), p. 76, l. 26 to p. 78, l. 10 (Re. Mr. Trickey).
5The appeal is dismissed.