R. v. R. (R.L.), [1991] 1 S.C.R. 115

R. L. R. Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. R. (R.L.)

File No.: 21027.

1991: January 29.

Present: La Forest, L'Heureux‑Dubé, Sopinka, Cory and Stevenson JJ.

on appeal from the court of appeal for ontario

Criminal law ‑‑ Criminal negligence causing death ‑‑ Allegation of car racing ‑‑ Occupants of car entering highway killed ‑‑ Trial judge not appreciating evidence of racing as cause of accident ‑‑ New trial ordered by Court of Appeal.

APPEAL from a judgment of the Ontario Court of Appeal (1988), 1988 CanLII 9882 (ON CA), 65 C.R. (3d) 235, 8 M.V.R. (2d) 116, overturning acquittals and ordering a new trial.

Alan D. Gold, for the appellant.

Gregory J. Fitch, for the respondent.

//La Forest J.//

The judgment of the Court was delivered orally by

La Forest J. -- It will not be necessary to hear you Mr. Fitch. We are all of the view that the appeal should be dismissed. The trial judge failed to consider the evidence relating to the manner in which the appellant was operating his vehicle prior to the intrusion of Phillips' vehicle onto the roadway.

Judgment accordingly.

Solicitors for the appellant: Gold & Fuerst, Toronto.

Solicitor for the respondent: The Attorney General for Ontario, Toronto.