{"id":952161,"date":"2026-10-30T17:52:12","date_gmt":"2026-10-30T17:52:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/952161\/"},"modified":"2026-10-30T17:52:12","modified_gmt":"2026-10-30T17:52:12","slug":"new-trial-ordered-for-driver-acquitted-in-crash-that-killed-vancouver-toddler","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/952161\/","title":{"rendered":"New trial ordered for driver acquitted in crash that killed Vancouver toddler"},"content":{"rendered":"

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The audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results.<\/p>\n

Canada’s top court has ordered a new trial for a man acquitted of dangerous driving charges<\/a> in a crash that killed a B.C. toddler. <\/p>\n

Seyed Moshfeghi Zadeh drove through a red light at the intersections of Smithe and Hornby streets in downtown Vancouver on July 6, 2021.<\/p>\n

He struck another vehicle, flipping his own car onto the sidewalk where it struck and killed Ocean Oshi Noelle<\/a> and seriously injured her father.<\/p>\n

A provincial court judge acquitted Moshfeghi Zadeh in 2024<\/a>, ruling that his actions, while dangerous, were a “momentary lapse” in attention. <\/p>\n

\"A<\/p>\n

Ocean Oshi Noelle was killed by a car jumping the sidewalk in July 2021. (Star J.)<\/p>\n

The judge concluded his actions didn’t rise to conduct that departed markedly from the\u00a0standard of care that a reasonable driver would have exhibited in the same circumstances, a factor necessary to convict him of dangerous driving causing death and dangerous driving causing bodily harm. <\/p>\n

A majority on the B.C. Court of Appeal upheld the trial judge’s ruling. <\/p>\n

But in a five-four decision handed down on Friday, the Supreme Court of Canada overturned that decision, sending the case back for a fresh trial.<\/p>\n

The top court ruled that the trial judge had incorrectly treated the momentary lapse as presumptively non-criminal by failing to consider the totality of circumstances, including the busy downtown context and the stale red light. <\/p>\n

A new trial date has yet to be set. <\/p>\n","protected":false},"excerpt":{"rendered":"Listen to this article Estimated 2 minutes The audio version of this article is generated by AI-based technology.…\n","protected":false},"author":2,"featured_media":952162,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[43,44,41,39,42,40],"class_list":["post-952161","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-headlines","tag-news","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/952161","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=952161"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/952161\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/952162"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=952161"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=952161"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=952161"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}