CASE LAW - R v Ward
This is the story about a fatal collision between an SUV and a motorcycle at the intersection of the Shawnigan Lake Road and the Trans-Canada Highway near the village of Shawnigan Lake on July 7, 2014. Shannon Ward was traveling eastbound on Shawnigan Lake Road and had stopped for the stop sign at the intersection with the Trans-Canada Highway. She waited for a break in traffic and began to turn left and proceed northbound. She failed to see a southbound motorcycle driven by Gerald Loiselle and a collision resulted. Mr. Loiselle died at the scene.
Ms. Ward was charged for Driving Without Due Care and Attention under section 144(1)(a) of the Motor Vehicle Act and found guilty at trial. She was sentenced to a fine of $1,400.00 and given 24 months to pay. Judge J. P. MacCarthy followed the suggestion of Crown Counsel Scott Van Alstine and did not impose a driving prohibition, preferring instead to leave that decision to the Superintendent of Motor Vehicles.
The case discusses at length how Driving Without Due Care and Attention is determined and how sentencing following conviction in the case of a death is decided.