Driver of Vehicle that Killed Cyclist in 2015 to be Sentenced Posted onJuly 24, 2017June 22, 2020/ Devry Smith Frank LLP By: Nicolas Di Nardo Back in June 2015, Mitchell Irwin, now 21, struck a cyclist, Adam Excell, 26, while he was biking at night. Now two years later, Irwin owned up to his actions and pled guilty to dangerous driving causing death on Friday. At the time of the accident that took place in the area of Yorkville, Irwin was 19. The statement of facts which was agreed upon, outlines the night of the incident: 11:20 p.m.: Excell was making a left turn onto Davenport during an amber light, after oncoming traffic had stopped Irwin was weaving through vehicles, sped into the intersection and hit Excell According to a collision reconstruction report, Irwin was going 87 km/h in a 50 km/h zone Excell was thrown a significant distance, suffered major head trauma and passed away at the hospital Irwin then continue to drive home after the collision to Keswick, Ontario The next day Irwin surrendered to police The initial arrest charged Irwin in accordance with the Criminal Code: Criminal negligence causing death (sec. 220) Failing to remain (sec. 252) Violating bail conditions, which includes: Communicating with two friends who were in the car at the time Consuming alcohol After the court appearance on Friday, Excell’s family made a point to discuss dangerous driving in many of their statements to the media, and how the actions of these drivers can seriously damage the lives of the victim’s family members. It impacts you differently when you hear about it on the news, versus when it ends up being one of your own. Even though you hear about cyclists in the news quite frequently (unfortunately), when it is a family member, it becomes personal. The case resumes this morning and Mitchell is expected to be sentenced. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Related Posts Posted onMarch 8, 2021March 15, 2021/ David M. Schell The First Steps After Being Criminally Charged During The COVID-19 Pandemic If you have been arrested by the police and are now required to navigate the criminal justice system, it is useful to know in advance what to expect, particularly with an eye to the latest changes to criminal court proceedings amidst the pandemic. A number of things can happen after being arrested and charged. If [...] Read more Posted onApril 30, 2020September 30, 2020/ David M. Schell What can I get ticketed for during the COVID-19 State of Emergency in Ontario? This blog is co-written by our former articling student, Janet Son. There is a growing list of Orders-in-Council being made under the Emergency Management and Civil Protection Act (“EMCPA”), which provides the Ontario government with sweeping powers to put measures in place to contain the COVID-19 pandemic. However, there is a growing concern about excessive ticketing and [...] Read more Posted onNovember 28, 2019July 5, 2023/ David M. Schell When Does Negligence Become Criminal? The Criminal Code of Canada contains several negligence based criminal offences, including dangerous driving as well as failure to provide the necessaries of life. The broader offence of criminal negligence is contained at section 219 of the Criminal Code. Section 220 is the provision dealing with criminal negligence causing death. They read as follows: 219 [...] Read more Posted onFebruary 22, 2019June 14, 2020/ David M. Schell Can I be Criminalized or given a Custodial Sentence for Possessing or Using ‘Legal’ Cannabis? The answer to the above question is really dependent on how someone obtains their cannabis and what one then does with their legal cannabis. Bill C-45 has now become law and in a previous post we spoke about the use of recreational cannabis and its legalization on October 17, 2018, by the federal government. In response, the [...] Read more Posted onFebruary 11, 2019May 20, 2023/ David M. Schell What Are the Consequences of Filing a False Police Report In Canada? By now we have all been subjected to the tragic details of television star Jussie Smollett’s alleged attack in Chicago. When the news broke initially, it seemed as though Smollett was a survivor of what appeared to be a hate crime and his colleagues within the entertainment business did not hesitate to express their support [...] Read more