Sanjay Bhatnagar

The defendant was charged with careless driving causing bodily harm under section 130(3) of the Highway Traffic Act following a collision on August 2, 2023, on the Queen Elizabeth Way in Oakville.

The defendant merged onto the highway from the Third Line on-ramp and collided with a motorcycle driven by the victim, who suffered life-altering injuries.

The prosecution relied primarily on eyewitness testimony and collision reconstruction evidence.

The defendant was acquitted after the court found reasonable doubt regarding whether the defendant's driving fell below the standard of an ordinarily prudent driver, particularly given evidence of erratic driving by the motorcycle operator before the collision.

Ella McCarty appealed her conviction for driving a vehicle without insurance, contrary to section 2(1)(a) of the Compulsory Automobile Insurance Act.

She had been acquitted of an unsafe lane change at trial.

Her appeal raised complaints about the police investigation, alleged Charter breaches, and the trial justice's decision to blend her Charter application with the trial.

The court dismissed the appeal, affirming that the no-insurance offence is one of strict liability.

The court found no errors in the trial process, the assessment of evidence, or the application of law, concluding that the appellant's Charter rights were not violated and her due diligence defence was not established.

The defendant, Joseph John Nazark, was charged with careless driving causing bodily harm or death under the Highway Traffic Act after colliding with a cyclist, Raymond Girard, during a left turn.

The defense argued the cyclist was improperly riding on the sidewalk and in the crosswalk, and that obstructions hindered visibility.

The prosecution contended the defendant failed to ensure a safe turn and that the cyclist had the right of way.

The court, applying the strict liability standard for careless driving, found that the defendant's driving fell below the standard of a reasonably prudent driver, regardless of the cyclist's actions, as the defendant failed to see what ought to have been seen and adjust to changing circumstances.

Nazark was found guilty.