A Windsor man accused of killing two people during the Retrofest Classic Car Cruise near Chatham in 2022 has been found guilty of careless driving causing death and careless driving causing bodily harm.
Justice Kelly Jackson ruled that the Crown proved its case beyond a reasonable doubt.
Jackson told the Chatham-Kent Provincial Offences Court near Blenheim on Friday that Brett Iler's testimony was unreliable and she was "not impressed" with Mr. Iler's "forthrightness", adding that he had a "convenient memory."
Jackson questioned why Iler didn't remember the state of his consciousness, but remembered the yawn that he claimed ultimately caused the fatal head-on crash at Queen's Line and Dillon Road on May 27, 2022.
"Makes little sense to the court," said Justice Jackson.
Jackson noted a yawn doesn't cause someone's eyes to close, a sneeze does, adding that the defence never presented medical evidence to the contrary.
"It's not likely Mr. Iler yawned...it's not reasonable," she said.
Justice Jackson noted something took Iler's attention away from the road, but it was not the yawn.
She also noted that Iler contradicted himself when he said he was not late for work when the crash happened at 6:55 p.m., at least 10 minutes away from his shift at the Chatham hospital that started at 7 p.m.
Jackson added that Iler was not required to veer into oncoming westbound traffic because there was no danger to avoid on the eastbound lanes.
A date for Iler's sentence hearing will be set on January 8 and sentencing is anticipated to take place in March.
A driver convicted of careless driving causing death under the Ontario Highway Traffic Act may face imprisonment of up to two years, a licence suspension of up to five years, a fine from $2,000 to $50,000, and six demerit points.
Victim impact statements will also be heard during the March sentencing hearing.
One family member of the victims said she was impressed with the decision to convict Iler.
Another told CK News Today that they all miss their departed loved ones, Nigel Sedge and Jamiee Doyle.
The crash also severely injured Colin Chinnick, Brian Griffith, and Kyle Doyle, Jaimee's husband. They suffered broken bones and other injuries.