Statutory Accident Benefits Schedule matters (SABS) - OCJ

Crown appeal of an acquittal on a charge of careless driving contrary to s. 130 of the Ontario Highway Traffic Act.

The respondent was operating a tractor-trailer that struck the rear of a milk truck on a rural highway.

The trial judge acquitted the respondent, finding that while the respondent's conduct fell below the standard of a reasonable driver, it did not constitute careless driving because it was merely inadvertent negligence and the respondent had been driving properly for approximately five kilometres prior to the incident.

The appellate court allowed the appeal and registered a conviction, clarifying the legal test for careless driving as a strict liability offence and rejecting the trial judge's erroneous application of additional elements.

Three defendants were charged with making false or misleading statements to insurers under the Insurance Act of Ontario.

Aksana Miakouchkina, operating manager of Ontario Disability Management Inc., was charged with knowingly making false statements on treatment plan forms (OCF-18s) submitted to insurers.

The corporation was charged on a vicarious liability basis.

Gregori Miakouchkine, the sole director and president, was charged with failing to take reasonable care to prevent the corporation from committing the offence.

The court found that the prosecution failed to prove its case beyond a reasonable doubt on all counts and acquitted all three defendants.