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The defendant was charged with Careless driving contrary to the Highway Traffic Act. The defendant had proceeded through a railway crossing while the crossing lights were flashing and the rear end of his vehicle was struck by a train. The accident occurred late at night. Ms. Condello conducted research and found that the railway crossing, which was in a rural area, did not have sufficient warning for drivers approaching the crossing at night. There was no signs to alert motorists of the crossing ahead or to reduce their speed, there were no gates with lights and there was a significant amount of bushes that would obstruct the view of an approaching train at night. Given the conditions of the rural area, drivers may not have sufficient warning to bring their vehicle to a stop. The disclosure indicated that just before the defendant approached the crossing, four other vehicles had crossed the railway tracks while the lights were activated. After a discussion about a Court of Appeal civil decision regarding the standard of care owed by Railway companies to drivers, and railway crossings in rural areas at night, the charge of Careless driving was withdrawn, and the client entered a plea to the charge of fail to stop at railway crossing with a $100.00 fine. After this incident, the railway crossing now has had crossing gates with warning lights installed.
