R v Nolet

Her Majesty the Queen v. Jean P. Nolet

Ontario Court (Provincial Division) — Brampton, Ontario
Justice of the Peace J. Farnum | January 28, 1994

Background

On September 10, 1993, at 4:14 p.m., Manuel DaSilva was driving his Jetta southbound on Queen Street north of Pearl Street in Mississauga during rainy conditions. Traffic was moving slowly — about 20-30 km/h due to the weather and road conditions. A Mercedes Model 540 Sports was parked on the side of the road, and as DaSilva approached, the Mercedes suddenly pulled out into traffic directly in front of him. DaSilva was only about ten metres away when this happened. Despite trying to avoid the collision, the slippery road conditions made it impossible to stop in time, and DaSilva struck the Mercedes broadside.

Jean P. Nolet, the driver of the Mercedes, was charged under Section 142(2) of the Highway Traffic Act for starting from a stopped position not in safety. Nolet didn't appear in court — he was away on business — but was represented by agent G. Ellis, who entered a plea of not guilty on his behalf.

Issues

1. Whether Nolet violated Section 142(2) HTA by starting from a stopped position when it was not safe to do so
2. Whether DaSilva had sufficient opportunity to avoid the collision given the road conditions and circumstances

The Court's Analysis

The Crown's case relied entirely on DaSilva's testimony, which painted a clear picture of what happened. DaSilva testified that he was following traffic at a reasonable speed for the conditions, maintaining proper distance from other vehicles. The Mercedes was parked and "came out" suddenly when DaSilva was only about ten metres away. The road was slippery from rain, making it impossible to stop safely.

Defence counsel Ellis argued that DaSilva was traveling too slowly for normal conditions and that the collision occurred because DaSilva failed to see the vehicle in time, not because Nolet acted unsafely. The defence suggested that a lane change might have been more appropriate than attempting to brake on the slippery road.

However, Justice of the Peace Farnum found the Crown's evidence compelling. The court determined that someone 30 feet away, traveling at 25 feet per second (about 30 km/h), would not have had sufficient opportunity to avoid the collision when the Mercedes pulled out. The court accepted that Nolet had violated Section 142(2) HTA by failing to ensure it was safe before starting from his stopped position.

Key Takeaway

Drivers must ensure the roadway is completely clear before pulling out from a parked position, especially in poor weather conditions.

This case demonstrates that even when traffic is moving slowly due to weather, the responsibility remains on the driver leaving a parked position to ensure safety. Weather conditions that affect stopping distances make this duty even more critical, not less.