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Supreme Court of Canada orders new trial for man acquitted of dangerous driving
The top court said the trial judge wrongly treated the driver’s lapse as non-criminal and sent the case back after a 5-4 ruling.
On Friday, the Supreme Court of Canada ordered a new trial for Seyed Moshfeghi Zadeh, who was previously acquitted of dangerous driving charges following a fatal 2021 collision in Vancouver.
A provincial court judge acquitted Zadeh in 2024, ruling his actions constituted a "momentary lapse" in attention rather than a marked departure from the standard of care expected of a reasonable driver.
Zadeh drove through a red light at Smithe and Hornby streets on July 6, 2021, striking a vehicle and killing 18-month-old Ocean Oshi Noelle when his car flipped onto the sidewalk.
In a five-four decision, the Supreme Court ruled the trial judge failed to consider the totality of circumstances, including the busy downtown intersection and the stale red light.
The case now returns to court for a fresh trial, though judicial authorities have not yet set a date for the new proceedings.