<Not being aware of her surroundings does not exonerate the defendant or relieve the defendant’s responsibility to carefully look for pedestrians in the crosswalk>

Defence’s admissions with Peel Regional Police:

-The defendant’s statement to Constable, a police officer with the Peel Regional Police, had been voluntarily given about the following:

(i) the traffic lights and pedestrian signals at the intersection in question were functioning properly at the time;

(ii) the contents of a letter traffic signal technologist for the City is admissible for its truth without Alcock being required to testify through Exhibit.

(iii) the surveillance videos are admissible without authentication or proof of authenticity.

(iv) the two 911 calls made by two individuals, respectfully, were received by the Peel Regional Police

(v) The deceased pedestrian was picked up by a city bus which was the bus she had been travelling on.

Crown has proven beyond a reasonable doubt that the defendant has committed the offence of “right turn not in safety” contrary to s. 142(1) of the Highway Traffic Act, R.S.O 1990, c. H.8 This tragedy could have been avoided if the defendant had made certain there were no pedestrians or potential danger at the southeast corner before he commenced to make the right turn onto the Drive. He had failed to do so and his negligent and wrongful act resulted in the pedestrian being run over by the tractor-trailer he was operating.