Court denies Ruth Burger's dangerous driving appeal
The London woman who killed two children and hurt their mother and sister while driving in a Costco parking lot has lost her appeal to have her dangerous driving convictions overturned.
On Wednesday, the Court of Appeal for Ontario handed down its ruling of the appeal that was heard Nov. 22, 2016.
Ruth Burger, 67, was convicted on June 19, 2015 following the horrific crash that killed little Addison Hall, 6.
Burger was convicted of two counts of dangerous driving causing death and two counts of dangerous driving causing bodily harm.
Burger was sentenced to three years of probation, had her driver's license suspended for five years and was ordered to complete 240 hours of community service.
The July 25, 2014 crash also injured their mother Dana McKinnon-Bozek and her daughter, Miah Bozek.
McKinnon-Bozek was 8 months pregnant at the time of the incident, resulting in the death of her unborn baby, Rhiannon.
During the trial, court heard that Burger's car accelerated from 11km/h to 48km/h in the five seconds leading up to the crash, a time in which she didn't hit the brakes. She testified that she realized her foot was stuck when she was reversing out of her parking spot.
She told the court that she began wiggling her foot to try to get it out from between the brake and gas pedals when the vehicle smashed into the store doors.
The judge who presided over the case said he didn't believe Burger's foot got caught. Instead, he said he believed Burger may have created a rational explanation for what happened on the day while in a state of confusion.
Burger's lawyers argued during the appeal that the trial judge rendered an unreasonable verdict, misunderstood and misapplied the legal standard for dangerous driving, misapprehended evidence regarding her driving and the corrective actions she took.
Her team also argued that the judge engaged in impermissible speculation.
The entire decision can be read here: http://www.ontariocourts.ca/decisions/2017/2017ONCA0101.htm