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Who: Margaret E. Huntley – Defendant
- What: s. 130, H.T.A.–“careless driving”
- s. 199(1), H.T.A.–“fail to report accident”
- s. 200(1)(a), H.T.A.–“fail to remain”
- When: Monday November 21, 2005 at approximately 6:10 pm
- Where: Passing lane northward on Yonge Street in the City of Toronto
The defendant was driving her motor vehicle going north on Yonge Street, heading in the direction of her home. As she was driving a pedestrian by the name of Patrick Deviney who makes a living by panhandling, was attempting to cross Yonge Street between Orchardview Boulevard and Helendale Avenue, from the eastside to the westside.
Orchardview Boulevard and Helendale Avenue run parallel to Eglinton Avenue, westward from Yonge Street and are located immediately north of Eglinton Avenue. Helendale Avenue is the street located just north of Orchardview Boulevard.The street north of and parallel to Helendale Avenue is called Montgomery Avenue on the westside of Yonge Street and Broadway Avenue on the eastside of Yonge Street.
Deviney began to cross the road, illegally jaywalking but only made it half way and was standing on the yellow dividing line that separates northbound traffic from southbound traffic. The Defendant claimed that she did see the pedestrian and to avoid colliding with him she steered her vehicle over to the right. The defendant along with other people was stopped at a red light at the intersection of Montgomery/Broadway Avenue and Yonge Street.
The defendant also claimed that she saw a shadow close to her left window and then felt her car shake. Also like many of the witness she heard then heard a loud noise however did not see anything. One witness named Faisal Raja heard the bang and then saw the man jump into the air and then fall backwards onto the road, but did not see the vehicle hit the pedestrian.
Many people heard the loud noise and then saw the pedestrian on the road, quickly attended to him and helped him get up. Another witness called the police and informed them that there had been an accident between a vehicle and a pedestrian. The pedestrian later testified that he had been hit by the vehicle however no one had actually seen the defendants vehicle strike Deviney.
However after going to court the prosecution finds that the defendant’s vehicle did strike the jaywalking pedestrian standing on the yellow median line and based on the events the prosecution says the defendant did commit the offence of careless driving under s. 130 of the Highway Traffic Act.
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