The accused was charged with careless driving contrary to section 130 of the Ontario Highway Traffic Act, failure to yield to a pedestrian contrary to sections 140(1)(a), and turn not in safety contrary to section 142(1).
The Crown proceeded only on the careless driving and turn not in safety charges.
The accused struck a pedestrian with his truck while making a left turn at a signalized intersection.
The court found that the Crown proved beyond a reasonable doubt that the accused drove carelessly and that the accused failed to establish a due diligence defence.
The court found the accused guilty of careless driving and entered a conditional stay of proceedings on the turn not in safety charge pursuant to the Kienapple principle.
