Client charged with careless driving resulting in elderly pedestrian being struck and killed while jaywalking. Pedestrian attempted to cross relatively busy roadway (2 lanes each direction) near twilight in the summer months. Client made no attempt to brake or take evasive action. Issue was whether sun glare prevented client from detecting pedestrian prior to collision even though she had to cross the outer lane prior to being struck by client within inside lane.
Held: Acquitted. Civilian witnesses confirmed significant sun glare facing client. Witness operating car behind client did not see pedestrian until 1 – 2 seconds prior to her entering inside lane in front of client, notwithstanding that driver was wearing sun glasses and had visor down. Crown’s expert not qualified to provide opinion evidence in relation to measuring sun glare or interpreting the effect of same on visibility. Crown calling no further evidence and inviting dismissal of the charge without defence calling any evidence.