S. Butany-Goyal

The defendant, Mesfin Weldeab, charged with Careless Driving and Careless Driving Causing Bodily Harm, brought an abuse of process application seeking a stay of proceedings.

The application arose after the Crown sought to call an additional eyewitness, despite earlier indications that only one witness (Accident Reconstructionist) would be called and an Agreed Statement of Facts being in place.

The defence argued this constituted an abuse of process, compromising trial fairness and undermining justice system integrity.

The court dismissed the Crown's motion for summary dismissal of the application due to late filing.

Applying the three-part test for abuse of process from R. v. Babos, the court found no prejudice to the accused's right to a fair trial or the integrity of the justice system, and that alternative remedies existed.

The application was denied.

This decision concerns Heather Vukovic, charged with Careless Driving Causing Death under the Highway Traffic Act.

The charge arose from a collision where Vukovic's vehicle, travelling westbound on Highway 9, collided with another vehicle turning left into oncoming traffic, resulting in the other driver's death.

While the defendant was found to be speeding, the court considered witness testimony and accident reconstruction evidence, which indicated the victim's vehicle caused the collision by turning into oncoming traffic.

The court applied the legal standard for careless driving, emphasizing that it does not require perfection and that speed alone is insufficient.

Ultimately, the court was not satisfied beyond a reasonable doubt that the defendant's driving constituted careless driving causing death, finding her not guilty.