New Trial Ordered for Driver in Fatal Vancouver Toddler Crash

The Supreme Court of Canada has ordered a new trial for Seyed Moshfeghi Zadeh, a driver previously acquitted of charges following a 2021 crash that killed a toddler in Vancouver. In a 5-4 decision delivered Friday, the top court overturned a B.C. Court of Appeal ruling that had upheld Zadeh’s earlier acquittal on charges of dangerous driving causing death and dangerous driving causing bodily harm.

Zadeh ran red light at Smithe and Hornby

The incident occurred on July 6, 2021, when Zadeh drove through a red light at the intersection of Smithe and Hornby streets in downtown Vancouver. According to Global News, Zadeh collided with a sports car, causing his vehicle to flip onto the sidewalk.

The vehicle struck Michael Hiva and his daughter, Ocean Oshi Noelle, who was in her father’s arms. Global News reports that the toddler was 23 months old, while CTV News identifies her as 18 months old. The crash killed the child and left Hiva seriously injured.

Trial judge ruled conduct was a momentary lapse

In 2024, Judge Kathryn Denhoff acquitted Zadeh, ruling that his actions did not constitute a “marked departure” from the standard of care a reasonable driver would exhibit. The judge characterized the event as a “momentary lapse” of attention lasting between three and five seconds, Global News reports.

CTV News reports that the trial judge found no evidence of impairment or erratic driving prior to the failure to stop. This ruling was initially upheld by a majority of the B.C. Court of Appeal, leading the Crown to appeal to the Supreme Court of Canada.

Supreme Court rejects focus on duration of inattention

Writing for the majority, Justice Michelle O’Bonsawin stated that the trial judge asked the “wrong question” by focusing on whether the conduct was more than a momentary lapse. The court ruled that determining a marked departure from the standard of care requires an objective assessment of all circumstances, including road conditions and vehicle speed, according to CTV News.

The majority noted that other vehicles had already stopped at the red light and pedestrians were crossing. Justice O’Bonsawin wrote that the period of inattention is a factor in the analysis, but not the primary focus.

New trial to be heard by different judge

While the Crown requested that the Supreme Court enter convictions directly, the court declined and instead ordered a fresh trial. Global News reports that the new proceedings will be overseen by a different judge, though a date has not yet been set.

Lawyer Kyla Lee, who is not affiliated with the case, told Global News that both the Crown and the defense will have access to original trial transcripts. This may allow the defense to impeach witnesses if testimonies change or assist the Crown in preparation.

What the Supreme Court highlighted regarding the intersection?

What specific evidence did the Supreme Court highlight regarding the intersection?

The court noted that the lights had been red for about 20 seconds before Zadeh arrived and that lights above the crosswalks were also red. A vehicle traveling alongside Zadeh had already come to a complete stop.

Why did the Supreme Court order a new trial instead of immediate convictions?

Justice Michelle O’Bonsawin stated that the original trial judge did not make the comprehensive findings about the surrounding circumstances necessary to apply the proper legal test, making a new trial necessary.

What was the split in the Supreme Court’s decision?

The decision was a narrow 5-4 ruling. The four dissenting judges believed Judge Denhoff had properly considered the evidence and would have upheld the original acquittals.

More on Vancouver: Metro Vancouver Storm Brings Heavy Rain After Sunny Days