SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Delaney, 2009 NSSC 111
Date: 20090325
Docket: Hfx 303424
Registry: Halifax
Between:
Her Majesty The Queen
Respondent
v.
Timothy S. Delaney
Appellant
LIBRARY HEADING
Judge: The Honourable Justice M. Heather Robertson
Heard: March 25, 2009, in Halifax, Nova Scotia
Decision: March 25, 2009 (Orally)
Written Release: April 8, 2009
Subject: The defence of due diligence to the offence of failure to yield pursuant to s. 125(1) of the Motor Vehicle Act (pedestrian in a crosswalk)
Summary: The appellant did not yield and drove through a crosswalk where a pedestrian signal was flashing, in the circumstance where the pedestrian stepped off a boulevard three lanes away. The appellant claimed a sudden stop would have resulted in a collision by a vehicle from behind.
Result: The adjudicator erred in failing to consider the defence of due diligence and appeared to treat the offence as one of absolute liability. The matter was returned to Provincial Court for a new hearing
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