R.S. Shousterman

The defendant, Cynthia Kirschner, was found guilty of careless driving causing death under the Highway Traffic Act.

The charge arose from a collision where Kirschner, making a left turn at an uncontrolled intersection, failed to yield to an oncoming e-bike, resulting in the rider's death.

The court determined that Kirschner's conduct fell below the standard of a reasonably prudent driver, concluding she failed to see the e-bike despite clear visibility and did not take evasive action.

Arguments regarding the e-bike's modifications or sun glare were dismissed as not excusing the defendant's duty of care.

A corporate defendant brought a motion under s. 11(b) of the Charter of Rights and Freedoms seeking a stay of proceedings based on unreasonable delay.

The defendant was charged with three counts under the Occupational Health and Safety Act arising from a workplace injury.

The court considered whether the Jordan framework applied to regulatory matters and corporate accused, and whether the net delay of approximately 25 months exceeded the 18-month presumptive ceiling for provincial court trials.

The court found that Jordan applies to both regulatory prosecutions and corporate defendants, that the delay was presumptively unreasonable, and that the Crown failed to establish exceptional circumstances to justify the delay.

The court granted the stay of the remaining charge.