When a defendant's mistaken belief that a fire department vehicle was approaching his vehicle from the rear, westbound lane of the Derry Road, is sufficient to establish due diligence?
Ontario, Canada
The following excerpt is from R. v. Metni, 2012 ONCJ 134 (CanLII):
[118] However, the defendant’s honest belief in the mistaken set of facts is not enough to establish due diligence. As stated in Regina v. Stelco Inc., supra., the mistaken belief must, in addition to being subjectively genuine, be objectively reasonable. In order to resolve this issue, I must ask myself whether an ordinary reasonable person would have continued to travel in the left, westbound lane of Derry Road, after he/she had spotted a fire department vehicle approaching his/her moving vehicle from the rear at a distance of between 500 and 1,00 metres.
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