Is dangerous driving an offence of negligence and must it be assessed using an objective standard?

Ontario, Canada


The following excerpt is from R. v Higgins, 2017 ONSC 1822 (CanLII):

Dangerous driving as an offence of negligence and it must be assessed using an objective standard. In Regina v. Hundal, 1993 CanLII 120 (SCC), [1993] 1 S.C.R. 867 at para. 35 Cory J. stated: Thus, it is clear that the basis of liability for dangerous driving is negligence. The question to be asked is not what the accused subjectively intended but rather whether, viewed objectively, the accused exercised the appropriate standard of care. It is not overly difficult to determine when a driver has fallen below the acceptable standard of care. There can be no doubt that the concept of negligence is well understood and readily recognized by most Canadians.

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