V. Oliveira

Appeal from a conviction under section 139(1) of the Ontario Highway Traffic Act for failing to yield to oncoming traffic from a driveway.

The appellant exited a private driveway onto a roadway and collided with a motorcycle.

The trial judge found the Crown proved the actus reus beyond a reasonable doubt but rejected the appellant's due diligence defence.

On appeal, the court found the trial judge erred by: (1) failing to consider the totality of evidence, including surveillance video corroborating the appellant's testimony; (2) engaging in an improper credibility contest rather than applying the W.(D.) test; and (3) allowing the consequences of the accident to influence her assessment of the appellant's manner of driving.

The appeal was allowed and an acquittal was registered.

The appellant appealed a conviction for careless driving under the Highway Traffic Act.

The appeal was allowed and the conviction was set aside.

The court found multiple procedural errors at trial, including the denial of an adjournment request when new evidence (photographs) was disclosed, failure to conduct a proper W.(D.) analysis, and improper restriction of cross-examination.

The court noted that the accused's exculpatory statement regarding snow and ice conditions was introduced by the Crown but not properly addressed by the trial justice.

The parties subsequently agreed to a substituted guilty plea to the lesser offence of failing to turn to the left to avoid a collision under section 148(5) of the Highway Traffic Act, with a fine of $50 imposed.