Does the term “gross negligence” apply to the offence of dangerous driving?
Ontario, Canada
The following excerpt is from Amalgamated Transit Union, Local 279 v. Ottawa (OC Transpo), 2007 CanLII 41425 (ON SCDC):
The offence of dangerous driving contained s. 249 of the Criminal Code does not refer to the term “gross negligence”, nor did Cory J. do so in describing the offence in R v. Hundal, supra. Section 249(1) refers to the operation of a motor vehicle “in a manner that is dangerous to the public…”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a charge of dangerous driving under s. 249 of the Criminal Code constitute a gross negligence of gross negligence? (Ontario, Canada)
Is dangerous driving an offence of negligence and must it be assessed using an objective standard? (Ontario, Canada)
What is the sentence for an impaired driver who pleaded guilty to impaired driving and dangerous driving causing bodily harm? (Ontario, Canada)
What is the risk of dangerous driving when an intoxicated individual uses a mobility scooter for non-driving purposes? (Ontario, Canada)
What is the test for determining whether a motor vehicle accident is criminal negligence or dangerous driving? (Ontario, Canada)
In what circumstances have judges applied a gross up in the absence of submissions or evidence about the appropriate amount of the gross up? (Ontario, Canada)
In what circumstances will a defendant be found guilty of dangerous driving when he strikes a cyclist he was attempting to pass while driving at an excessive speed? (Ontario, Canada)
What is the test for criminal negligence and dangerous driving? (Ontario, Canada)
What is the test for negligence in the context of dangerous driving? (Ontario, Canada)
Can a defendant be convicted of both the offences of speeding and stunt driving in a posted 60 kilometres per hour zone? (Ontario, Canada)
