The accused was charged with dangerous driving causing death after failing to stop at a stop sign and colliding with a vehicle travelling on a through road.
The court found the actus reus established because driving through the stop sign created a significant risk to other road users.
However, applying the principles from Supreme Court of Canada authorities on dangerous driving, the court held that the evidence did not establish a marked departure from the standard of care of a reasonable driver.
The evidence suggested either a momentary lapse of attention or a negligent misjudgment when performing a rolling stop.
Such conduct, while careless and potentially giving rise to civil liability or provincial offences, did not meet the criminal threshold for dangerous driving.
