An appeal of a careless driving conviction under the Highway Traffic Act.
The appellant was charged after a motor vehicle collision that resulted in a pedestrian fatality.
The appellant claimed he suffered an involuntary coughing/choking episode that caused his eyes to close for several seconds, during which he lost control of his vehicle.
The trial judge found the appellant guilty, rejecting his due diligence defence.
The appellate court allowed the appeal and entered an acquittal, finding the trial judge misapprehended the evidence by inferring the appellant had "chosen" to close his eyes and by characterizing several seconds of driving as an "extended period."
