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Old 10-16-2024, 02:31 PM   #1053
chemgear
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Join Date: Feb 2010
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SENTENCING DECISION

Factual Background

[5] The following is a summary of the facts.

. . .

[9] The maximum speed limit on both highways is 100 km/h. It is accepted that Mr. Sidhu was approaching the intersection at a speed between 86 and 96 km/h. Prior to the collision with the bus, Mr. Sidhu passed the following signs:

a) a “Junction Highway 35" sign located approximately 406 meters east of the intersection;

b) a “Stop Sign Ahead” sign located approximately 301 meters east of the intersection;

c) a “Gronlid ahead/Tisdale left/Nipawin right” sign located approximately 199 meters east of the intersection;

d) a “Highway 35 South/Highway 335 West/Highway 35 North” junction sign located approximately 104 meters east of the intersection; and

e) a “Stop” sign located approximately 19 meters east of the center of the intersection. This was an oversized stop sign, four feet in diameter, affixed to the light standard on the north shoulder of Highway 35. A functional red “traffic” light, which flashed once per second, was attached to the light standard, just above the stop sign.

[10] The semi-tractor unit did not stop prior to entering the intersection. It left no tire marks due to braking.

. . .

[14] No environmental conditions contributed to the collision. The sky was clear and the position of the sun leading up to the collision was not a factor. The intersection was clearly visible to Mr. Sidhu as he was approaching it prior to the collision. Specifically, the trees in the south east quadrant, at the corner of the intersection, would not have obstructed Mr. Sidhu’s ability to observe the bus approaching the intersection if he had stopped the semi-tractor unit to check for traffic before entering the intersection, as required by the posted signage.
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