Roy turned onto the highway. He clearly did not see the tractor-trailer headed down the highway in the same direction he intended to go. The driver of the tractor-trailer noticed Roy’s headlights, but by the time he realized that Roy had pulled in front of him it was too late. The tractor trailer slammed into Roy’s vehicle. Harrington was killed.
Roy was charged with dangerous driving causing death. He was convicted. He appealed. Cromwell J, on behalf of a unanimous Supreme Court allowed the appeal and entered an acquittal: 2012 SCC 26.