Kanata 5

[Louis2]

Any updates on the Kanata 5 cyclists since last years Army Run? I have not seen or read anything since, And what about the driver? Is he still out of bail?

[Kelodie]

The verdict is in: driver guilty of all charges!

http://www.ottawacitizen.com/Guilty+ver ... story.html

This won't change anything to what the 5 cyclists suffered, but at least it will finally tell drivers that hitting cyclists can have consequences other than just a slap on the wrist.

[HCcD]

Now, the Civil Litigation will have to take place .. I read somewhere that there is about $9.5 million in civil lawsuits that have been submitted by the accident victims ..

[Strider]

The verdict is in: driver guilty of all charges!

http://www.ottawacitizen.com/Guilty+ver ... story.html

This won't change anything to what the 5 cyclists suffered, but at least it will finally tell drivers that hitting cyclists can have consequences other than just a slap on the wrist.

Right Friggin' On!!!

[HCcD]

Is this a criminal offence in that jail term would be required .. the article mentioned that he has to submit his passport, and likely lose his driving priviledges, and also indicated that the Prosecutor did not request the rescinding of his bail .... and, will return for sentencing in January ....

[Louis2]

yes! I am happy with the verdit, Now sentencing in Jan. Dangerous driving can bring jail time it's a criminal offence. I hope he goes to jail for hitting them and just leaving them there.

[Louis2]

Now, the Civil Litigation will have to take place .. I read somewhere that there is about $9.5 million in civil lawsuits that have been submitted by the accident victims ..

I read that also in the Ottawa Citizen, I hope they get every penny they are sueing him for.

[Kelodie]

Why is the sentencing only known in January? I hope for jail time too.

[Louis2]

Why is the sentencing only known in January? I hope for jail time too.

i don't understand this either, Why wait? he was found guilty why not sentence him now? I guess the judge has to think of a sentence for this. Being a cyclist and triathlete myself I would give him at least 10 years.

[Cupcake Girl]

Not to be a poop, however, the victims likely won't see a penny of the money, providing they win, which is really a slam-dunk. In most civil litigations like this, much more reasonable amounts are negotiated outside of court and are really piddly sums. Even then, no guarantee you'll get the money unless the person is rich.

Sure you can garnish wages, but the person has to have a job. And it's pretty tough to get with a criminal record.

Convicted people always have their sentencing hearing weeks/months later as this gives the two sides time to hammer a negotiated time frame out. The prosecution will want the max, defense the minimum and for the next while they will go back and forth until they agree upon something in the middle. It then gets presented to the judge, who 9 times out of 10 rubber stamps it.

[HCcD]

Not to be a poop, however, the victims likely won't see a penny of the money, providing they win, which is really a slam-dunk. In most civil litigations like this, much more reasonable amounts are negotiated outside of court and are really piddly sums. Even then, no guarantee you'll get the money unless the person is rich.

Sure you can garnish wages, but the person has to have a job. And it's pretty tough to get with a criminal record.

Convicted people always have their sentencing hearing weeks/months later as this gives the two sides time to hammer a negotiated time frame out. The prosecution will want the max, defense the minimum and for the next while they will go back and forth until they agree upon something in the middle. It then gets presented to the judge, who 9 times out of 10 rubber stamps it.

That was my concern, as well ... If his insurance has, say, standard $1,000,000 liability coverage .. would that be for each individual or for the single event??

And, if he is sent to do jail time, etc., he will not have income, as well ... etc.

[Kelodie]

Convicted people always have their sentencing hearing weeks/months later as this gives the two sides time to hammer a negotiated time frame out. The prosecution will want the max, defense the minimum and for the next while they will go back and forth until they agree upon something in the middle. It then gets presented to the judge, who 9 times out of 10 rubber stamps it.

I didn't know that! Thanks for explaining.

[Cupcake Girl]

Kelodie wrote: I didn't know that! Thanks for explaining.

No problem. I know more about legal wranglings than one should, but thankfully not out of personal experience - just occupational hazard (journalist and legal junky).

HCcD wrote: That was my concern, as well ... If his insurance has, say, standard $1,000,000 liability coverage .. would that be for each individual or for the single event??

My guess would be the total divided by the number of victims. But I really know nothing about how insurance works. And who knows if this guy even had insurance.

[Louis2]

Why is the sentencing only known in January? I hope for jail time too.

I won't disclose where I work but when "we" discussed this issue this morning he is looking at about 5 years so he might do 3. What a joke. (note we are not the judge so it may differ) Has anyone seen the picture in The Ottawa Citizen today (Page C1) Does that picture of his windshield look like he hit a pole?